A Study On The Right To Claim Remuneration For Intermediaries

Intermediary contract is widely applied in today's life,but only four articles are listed at the end of the Contract Law to give it a contract status.As for law study,the contract of brokerage is still a neglected corner,with only a limited number of researches having been done about it.In practical life,the disputes over intermediary's right of claim for commission are increasing,which is related to the insufficiency of legislation in this filed.In view of the status quo of intermediary's right of claim for commission in China,actions should be taken to refine the laws and regulations related to intermediary's right of claim for commission,so that the intermediary's interests can be properly protected and the intermediary system in China can be bettered.This paper consists of three parts.The First Part: The Basic Theory Related to Intermediary's Right of Claim for Commission.The topic in this part is illustrated from the following three aspects: first,concept,characteristics and classification of Intermediary contract;second,meanings and characteristics of intermediary's right of claim for commission;third,four requirements for intermediaries to have the right of claim for commission.The Second Part: The Deficiencies of Legislation in Intermediary's Right of Claim for Commission in China.In this part,problems in legislation related to intermediary's right of claim for commission are analyzed and and cases are applied to illustrated the frequencies of disputes in juridical practice due to the deficiencies of legislation.Through the analysis,it is found that there are four deficiencies in the legislation of intermediary's right of claim for commission.The Third Part: Suggestions on Improving the Legislation of the Intermediary's Right of Claim for Commission in China.Specifically,five suggestions are put forward for the improvement of legislation,including: to improve the provisions on "facilitating the establishment of contract" in the Contract Law;to improve the provisions on the separation of intermediary commission;to clarify the liability of the principal for violating the obligation of commission payment;to improve theprovisions on the obligation of the intermediary to report truthfully;and to add the "agreed commission reduction system" of the intermediary contract.One suggestions are put forward in judicial practice: strengthened protection for the evidence of intermediary behavior.