技术经纪行为应及早纳人立法规划

发布时间：2018-03-07 05:35

本文选题：立法规划　切入点：民商法　出处：《中国科技论坛》1993年05期 　论文类型：期刊论文

【摘要】：正技术经纪人这一词语现已见诸报端,大量技术经纪人(经纪组织,下同)纷纷出现。从各国立法实践看,许多国家,如日本、韩国等均规定中介行为(居间行为)是一种商行为,在民商法分立的国家由商法加以调整,在民商法合一的国家由民法加以调整。这种为买卖双方介绍、联系,提供成交机会,进行撮合而收取佣金的行为即为经纪行为。它作为买卖双方商行为之外的独立行为,与代理、行纪等法律概念截然不同。由于这种行为有利于商品流转、信息传递,有利于沟通生产者间和生产者与消费者间的联系,国外法律才明确其概念、特征、活动条件及由该行为而引发的诸行为的调整控制手段及程序。我国民事法律中未对经纪行为予以规定,主要是由于
[Abstract]:The term "positive technology broker" has now appeared in the press, and a large number of technical brokers (brokerage organizations, the same below) have appeared. From the legislative practice of various countries, many countries, such as Japan, South Korea and so on have stipulated that intermediary act (intermediary act) is a kind of commercial firm. In a country with separate civil and commercial law, it is regulated by commercial law, and in a country where civil and commercial law is integrated into one, it is adjusted by civil law. This is an opportunity for both buyers and sellers to introduce, contact, and deal with each other. The act of collecting commission for a dealmaking is an act of brokerage. It is an independent act outside the firm of the seller and buyer. It is completely different from the legal concepts of agency, agency, and discipline. Since this behavior is conducive to the circulation of goods and the transmission of information, In order to facilitate the communication between producers and producers and consumers, the concept and characteristics of foreign laws have been clarified. The conditions of activity and the adjustment and control means and procedures of the acts arising from the act. There is no provision for brokering in the civil law of our country, mainly as a result of
【作者单位】：国家工商局市场司

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