| In recent years,with the macroeconomic situation down,the event in which financial products can not be honored occurs frequently,makes the “Missing Order” dispute surfaced.The so-called “Missing Order” case,refers to the bank staff who sells the financial products which are not issued or sold by the bank.Bank staff make “Missing Order” for the high commission,the customer “be missed” for the ultra conventional rate of return.Once the payment crisis occurs,customers usually advocate the rights for the bank,which make the bank become a sucker.In this context,it is very important to define the behavior of “Missing Order” sales.On the basis of expounding the concept and characteristics of “Missing Order” sales,this article analyze the two core issues in practice(Whether the “Missing Order” behavior constitutes a duty behavior or apparent agency).After that,the author put forward specific judgment standard by combined basic theory with her banking experience.This paper is divided into three parts: introduction,body and conclusion.The main body is composed of three chapters:First of all,from the concept of “Missing Order” sales,this article expounds the definition,characteristics and main types of “Missing Order” sales,it also analyzes the causes and main risks of the behavior.Secondly,through the analysis of the relevant law,the article clarify the specific meaning of the job behavior.Combined with relevant theory,it put forward four essential factors to define the duty behavior in “Missing Order” cases.Finally,according to the theory of apparent agency,proposed two levels to define it.In the end,the article puts forward the judgment standard of “Missing Order” sales which can be treated as apparent agency. |
