The Study Of Intermediary Contract Remuneration Claim Issues

With the development of social economy, intermediary activities because of its convenience is applied more and more widely. In order to avoid brokers abusing their dominant position, legislation from the angle of regulation broker behavior make provisions to protect the interests of the client. Legislators only consider the risk of violation by brokers, but fail to prevent the opportunism tendency of the client. At the same time, there is no perfect intermediary activities supporting systems in our country that can provide guidance and effective protection for intermediary activities. The absence of perfect legislation and matching institution is extremely unfavorable for the protection of the brokers’reasonable remuneration. In practice, the frequent occurrence of the client "back-up" behavior coupled with such cases often causing different verdicts, highlights the faultiness of intermediary activities of legislation and system level. In view of the above situation, it is urgent for us to improve the legal framework and construct the brokerage system in our country. Only in this way, can we make a proper protection for brokers’due reward.This paper is divided into four chapters. The main contents are as follows:The first chapter discusses the characteristic of intermediary remuneration claim right. It is important to clear its nature to study the intermediary contract remuneration claim right. The characteristic of intermediary remuneration claim right is the sign to distinguish with other service contracts and reveals its nature of the external factors and the uncertainty.The second chapter analysis the elements in achievement and loss of intermediary remuneration claim right. The client and the broker get together for payment and obtain intermediary remuneration. Therefore, it is vital important for the client and brokers to find out the components in achievement and loss of intermediary remuneration claim right. In order to better interpret it, the elements in the typical countries of common law system and civil law system will be analyzed and concluded. Then, China’s legal provisions will be interpreted and the author will puts forward hers own views on the contract conclusion elements and the causality elements.The third chapter tries to solve the "back-out" problems which happens in the daily life. This part analyzing "No.1 Guiding Case" which aiming at the settlement of "back-out" disputes between clients and brokers. Analyzing the problems in "No.1 Guiding Case", the purpose is to provide ideas for the solution of related problems.The final chapter is to make suggestions to the protection of brokers’ intermediary remuneration claim. In view of the above matters, we see that the safeguard for the brokers’ reasonable remuneration is unfavorable. As one of the party in brokerage contracts, brokers’ legitimate rights and interests should get the same degree of protection as the client’s. This chapter puts forward, from the perspective of the protection of brokers’ intermediary remuneration claim right, intermediary legislation suggestions for improvement and constructs the matching systems of intermediary activities.