Identification Of The Payment Terms And Amount Of Intermediary Remuneration

With the development of China's market economy,intermediary activities are becoming more and more frequent,and it has expanded to various industries.Intermediary activities have a duality: on the one hand,intermediary activities play a positive role in saving social costs,improving business efficiency,and being conducive to the development of the socialist market economy;on the other hand,improper intermediary behaviors will also bring damage to normal social and economic order and result in crimes or other negative effects.The negative effects of intermediary activities lead to the frequent occurrence of intermediary contract disputes in recent years.It's worthy to paying attention to how to define the payment conditions of intermediary remuneration,how to regulate the intermediary activities,and how to play the positive role of intermediary activities.Based on the above reasons,this article starts with the case of an intermediary contract dispute between a mechanical and electrical company in Chengdu and a nuclear technology company in Sichuan,and analyzes the focuses of the dispute in this case: 1.How to define the payment terms of the intermediary remuneration;2.How to determine the amount of intermediary remuneration.Focusing on the focuses of the dispute,combined with legal theory,legal regulations,and case facts,the methods of theoretical analysis and comparative research are used to analyze the case as follows:First,the intermediary contract is theoretically divided into a report intermediary contract and a media intermediary contract.The intermediary contract in the case belongs to the media intermediary contract.The media intermediary contract in the case meets the legal conditions for obtaining media intermediary contract compensation.The parties agreed that it is legal to issue an invoice as the condition for the payment of intermediary remuneration,which is a payment condition with a deadline.The intermediary remuneration was successful and the invoiced intermediary remuneration has reached the payment conditions,but the unremunerated intermediary remuneration did not meet the payment conditions.Second,the intermediary contract in the case and the supplementary agreement's agreement on the proportion of intermediary compensation have the same effect and do not constitute obvious unfairness.The intermediary compensation in the case should be determined according to the agreement between the intermediary contract and the supplementary agreement.On the basis of case analysis,from the perspective of the legislative and judicial status of the method of the agreement of the amount of intermediary remuneration in China,the legislation of our country has actually established the discretionary reduction system of the agreement of the amount of intermediary remuneration.However,in judicial practice,the arbitrariness of the amount of intermediary compensation adjusted by the court and the arbitration institution is large and the judgement scale is different.It should be improved by broadening the adjustment mode of intermediary remuneration,stipulating the adjustment range of intermediary remuneration,and reasonably distributing the burden of proof between the intermediator and the bailor.In addition,if state-owned enterprises sign intermediary contracts with high remuneration,it maybe lead to the loss of state-owned assets and the breeding of corruption and other negative effects.Therefore,state-owned enterprises should try their best to reduce the formation of intermediary contracts,improve the mode of intermediary contracts,strengthen the investigation and evaluation of intermediary contracts,and intensify the accountability mechanism of state-owned enterprises.