A Study Of The Legal Effect Of Entrustment Behavior

Entrustment behavior refers to the behavior in which a party achieves an unknown purpose by paying certain people certain money or property in order to circumvent the normal rules of the society.Serious commissions in practice may involve the crime of bribery.The commissions discussed in this article mainly focus on general commissions in a human society.Since the reform and opening up in China,the modern concept of the rule of law has gradually penetrated into the hearts of the people,but the society is in a transition stage.Traditional social concepts and privilege consciousness have led to frequent requests for trust.In judicial practice,it often happens that when the trustee fails to achieve the trustee’s goals,the client asks the trustee to return the property through litigation.Because of unclear laws and the determination of public order and good customs in case processing,there is greater flexibility and inconsistent results of judicial decisions often occur.Therefore,it is of practical significance to clarify the standards in the judgment.The names of requests for trust outside the territory are not the same,but their essence points to behaviors that violate the principles of social order and good customs.Therefore,it is helpful for China’s rule of law to mature by referring to extraterritorial causes of illegal causes and illegally agreed legislation.The request for entrustment involves whether it violates public order and good customs,the legal effect of the request for entrustment,and the attribution of the claim amount.China’s "General Principles of Civil Law" and "Contract Law" have established a model for the treatment of invalid civil legal acts and the return of disputes.This article puts forward corresponding suggestions for the deficiencies existing in the provisions of the existing civil law system through the research methods of case analysis,literature and comparative analysis.The first part attempts to type the current common request behaviors;the second part leads to inconsistent trial results of four similar cases,which leads to the inadequate legislation of the request behavior in the current legal framework and the significant difference in the attribution of judicial fees in judicial practice.It also discusses the necessity and feasibility of perfecting the legal judgment of trusteering;the third part discusses the legal nature of trusteering;the fourth part discusses the legal effect of trusteering;the fifth part summarizes the main cases of trusteering.The model and the defect simultaneously propose the rationalization of the due course of the trial: Add the exception of the improper profit of the debt law,and the premise of the validity of the cost is the premise of the application.This kind of processing way,with the hope that through the above measures can curb the trust of the society ruled by law.