Study On The Liability Of The Self-sponsored Study Abroad Intermediary Agents’ Breach Of Entrustment Contract

With the continuous development of China’s economy and the deepening of exchanges of the world. China has become the world’s largest studying exporting country, annually the increasing number of students studying abroad of which the majority of them study abroad at their own expense. According to a survey, sixty percent of students who study abroad at their own expense commissioned self-sponsored study abroad intermediary agents to apply for admissions and visa for study aboard. However, the self-sponsored study abroad Intermediary agents market have mixed economic benefits, and the low cost of default drive the intermediary agencies to contrary the principle of good faith,making breach to the contract. So often this behavior occurs, the principal is difficult to defend students’rights to against the breach of contract of the intermediaries. The reason both lies in the service of the commission contract intermediaries.in the breach of contract responsibility system.and in the contract.The first part of the article is an overview of an introductory background knowledge. Intermediary service commission contract for study abroad at their own expense is a contract which signed between the self-sponsored study abroad intermediary agents and the commissioned students who reached consensus that the self-sponsored study abroad intermediary agents provide study abroad intermediary services, the principal agreement to pay the price,with the main specific destination. specific content of non-continuous material and the method of execution.The second part is about self-sponsored study abroad intermediary agents’liability for breach of contract:including breach of statutory duty, including anticipatory breach of contract,non-performance. delay in performance,defective performance and incomplete performance.The third part of the article is a thinking on the problem why intermediary service commission contract always breached by the self-sponsored study abroad intermediary agents.The provisions of liability for breach is not clear; liability for breach of the terms of functional orientation deviation;liability for breach of contract terms set unbalanced;liability for breach of terms of format flooding;liability for breach of contract’s relief difficulties. To relief the breach of contract by the intermediary is very difficult, the intermediary default aging is difficult to grasp, difficult to wait the execution of the final judgment.The entire relief ways are not smooth.Last are some conclusions and recommendations to improve the self-sponsored study abroad intermediary agents’services to the commissioned liability for breach of contract. We must regular liability for the format contract, which can be indicated on the home page of the text of the format contract,making early prevention in order to alert the principal, preventing the entrusting party signed the contract in the case of hasty to safeguard the interests of the commissioning party. Based on strictly limit its scope of application of the constituent elements, we should establish self-sponsored study abroad intermediary agents service commission contract intermediary default for moral damage compensation system. Liability for breach of contract and tort liability have differences in a series of aspects, choosing liability for breach of contract or tort liability for two competing parties to protect their own interests, will bring a different relief results. In terms of feasibility, the legal liability for the mental damages of the breach of contract, theoretical support for the practice of foreign status of legislation and judicial practice in China of mental damage in breach of contract is entirely feasible.