The Rationality Of The Large Retail Enterprises Service Fee Of My Opinion

It has been a usual practice that big retailers charge a service feeagainst suppliers. However, due to their different sources of profit anddifferent operational characteristics, the two sides have both cooperationand contradiction between them, as disputes between them increase innumber and frequency. Staring with the nature of the service fee, thisthesis discusses the reasonableness behind the collection of such fee bybig retailer, indicates the approach and principle that the public power ofthe state interferes with any such act in civil and commercial areas in alimited manner, and presents and studies related judicial practices. Itadvocates for the spirit of the contract and the fairness doctrine in dealingwith such cases.Chapter One defines the legal relationship between a big retailer andits supplier and from their respective characteristics in the deal, holds thatthe two parties are in a relationship of mixed contract.Chapter Two highlights the scope and contractual nature of theservice fee. The Overview divides service fees into four classes, namely,the rebate, the service with consideration, the service fee without anydirect consideration and illegal charge. It goes on discussing the contractual nature of the service fee in four aspects, namely, that a bigretailer and its supplier are subjects of the market economy of equal legalstanding, that both the parties are free to enter into any contract, that theservice fee is a redistribution of the benefits of both the big retailer andthe supplier, and that the parties have to abide by the spirit of contract.Chapter Three distinguishes the service fee from and compare it withrelated concepts in law, including contract consideration, unfaircompetition, monopoly, fair trade and formal contract. It highlights theattribute of the service fee as determined by the free will of the parties.Building on previous chapters, Chapter Four summarizes thereasonableness behind the collection of the service fee. First it refutes thecenters of dispute over the service fee charge, such as, that such chargedamages the interests of consumers, damages the interests of small andmedium-sized enterprises, or constitutes unfair competition. Second itargues for the reasonableness of the service fee charge on the grounds thatthe service fee is contractual, that it is a normal trading behavior, that ithelps introduce new products, and that it indemnifies big retailers for theiroperating costs.Chapter Five discusses the limitation for the interference by thepublic power. First it opposes any unlimited interference, emphasizing that the interference should be done with distinction between public lawand private law, that is, the interference should be with monopoly andunfair competition and ensure the implementation of fairness andefficiency doctrines.Chapter Six discusses judicial remedies and legislative improvementsfor service fee-related disputes. First it presents how service fee-relateddisputes are handled by the judiciary in practice. Second, it analyzesjudicial practices with respects to service fee-related personnel, servicefee setoff and time limits to file a lawsuit. Finally it emphasizes theauthor’s hope to balance the retailer-supplier relationship through theperfection of the legislations.