关键词: 代理商, 委托合同, 佣金补偿请求权

Abstract: The current legislation in China does not involve the internal relationship between the agent and the principal, so the special rights of agents cannot be found legal basis. Agent′s indemnity claim on commission is a special commercial right in nature. The loss of the agent after the termination of the principal relationship cannot be completely relieved by the damage compensation system of contract law. Special relief to the agent through indemnity claim on commission can effectively protect agents′ legitimate rights and interests and ensure agents to realize profit. This paper analyzes the application of indemnity claim on commission and discusses its application path in China. As far as the specific application of indemnity claim on commission is concerned, it should be based on the special subject status of agents in the practice of commercial agency, judging from both positive and negative elements; the calculation of the compensation should be based on the substantial benefits obtained by the principal and adjust the specific circumstances of the case with the principle of fairness. Under the vigorous development of commercial agency in our country, agents′ indemnity claim on commission is a special rule reflecting the protection of the agents′ rights and interests. The right of indemnity claim on commission granted to the agent after the termination of the principal-ship relationship not only is in line with the interests of the agent′s main demand, but also can arouse the enthusiasm of the agents′ main body and give full play to their role in business.

Key words: agent, commission contract, indemnity claim on commission