Study On The Issue Of Rescission Of Commission Contract And Compensation For Damages

With the development and progress of the market economy,the disputes of the entrustment contract are also growing explosively.However,when the judicial practice field deals with the disputes arising from the arbitrary termination of the entrustment contract,it seems that it is not enough.This shows that the current legal provisions of our country are still very weak,and the legislative progress is still lagging behind the needs of social development.At the same time,the academic circles have been arguing about the issue of rescission of the entrustment contract arbitrarily and the issue of compensation for damages after rescission.In terms of the exercise of the right to rescind a contract of entrustment,it is necessary to restrict the exercise of the right to rescind a contract of entrustment to a certain extent.On how to restrict the exercise of the right to rescind a contract of entrustment,the representative "German model" and "Japanese model" in the countries of civil law system are worthy of our consideration and reference,but the systems of Germany and Japan are also based on their own countries The mode explored by emotion also has its own shortcomings.In terms of the scope of compensation for damages after the termination of a contract of entrustment,the judicial practice in China is relatively conservative,and generally does not tend to recognize the available interests of the contract.The loss determination of the injured party is only limited to the scope of direct losses caused by the termination of the contract,and the compensation for the available interests of the contract should be recognized.For the loss caused by the termination of the contract,we should fully consider the situation of the parties before the termination of the contract and the change of the situation after the termination of the contract,and combine the subjective aspects of the right to terminate to determine the amount of compensation.The article is divided into five parts:The first part is the introduction,which mainly introduces the research background,research significance,current situation at home and abroad as well as the research methodsand innovation of this paper.The second part analyzes and defines the damage caused by the arbitrary rescission of the entrustment contract,including the introduction of the concept,characteristics,formation and development of the system of the right of the arbitrary rescission of the entrustment contract,demonstrating the value and rationality of the existence of the right of the arbitrary rescission and the damage and compensation caused to the opposite party by the arbitrary rescission of the entrustment contract.In the third part,through the analysis of the problems existing in the system of compensation for damage caused by the arbitrary rescission of the entrustment contract,the exercise of the right of arbitrary rescission mainly includes the abuse of the right of arbitrary rescission,and the provisions of the right of arbitrary rescission of the entrustment contract are still vague;the compensation problems after the exercise of the right of arbitrary rescission mainly include the inconsistency of the scope of compensation and the difficulty of the injured party in adducing evidence.The fourth part summarizes the enlightenment to our country by introducing foreign legislation on the issue of the right to terminate the entrustment contract arbitrarily.This paper takes the legislation of Germany,France,Japan and Italy as a typical example to analyze,so as to find out the Enlightenment on the construction of this system in China.In the fifth part,based on the problems raised in the third chapter,some suggestions are put forward to improve the discretionary rescission and compensation scope of the entrustment contract.For example,through improving legislation,the entrustment contract can be divided into paid entrustment contract and free entrustment contract.According to the nature of the contract,the exercise of the discretionary rescission right can be limited,and the scope of compensation for damages after the arbitrary rescission of the entrustment contract can be defined,including To protect the burden of proof of the injured party.