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由于我国现有法律对佣金的法律规范尚无明文规定,致使居间人获取佣金之行为仍与经济犯罪有着密切关系,并一度是经济界、法学界所争论的焦点。对此,在建立和完善社会主义市场经济新形势下,对佣金给予准确公正的法律评判有着重要的司法实践意义。以下笔者就如何评判佣金罪与非作粗浅探讨,以求教于大家。一、佣金的法律涵义及经济效能。法律概念的佣金,是指居间人为他人提供订约机会或充当订约介绍而所得的经济报酬。居间人是指为委托人与第三人提供订约的机会或充当订约的
As China’s existing laws on the legal norms on the commission there is no express provision, resulting in interpersonal commission is still closely related to economic crimes, and was once the economic sector, the legal profession the focus of controversy. In this regard, under the new situation of establishing and perfecting the socialist market economy, it is of great judicial practical significance to give accurate and fair legal judgments on commissions. The following author on how to judge commission crime and non-superficial discussion, in order to ask everyone. First, the legal meaning of commission and economic efficiency. The concept of legal commission, refers to the intermediary for others to provide contracting opportunities or as a contract presentation and the resulting financial reward. Intermediary refers to the client and a third party to provide the opportunity to contract or act as a contract