房地产经纪的内涵与特征分析

Analyzing Connotation and Charactristics of Real Estate Brokerage

目前我国房地产经纪业管理存在一些混乱现象,亟需行业立法加以规范,但是国内理论界还没有形成对房地产经纪内涵的统一认识。因此,从当前国内有关经纪、经纪人的定义出发,分析了英美法系和大陆法系有关经纪的概念,提出了经纪、经纪人概念的内涵,探讨了经纪与行纪、代理的关系,在此基础上,深入研究了房地产经纪的内涵与特征。

At present, there are many problems and even some confusion relating to the management of real estate brokerage in China, thus industry legislation is desiderated. Due to disagreements about the conceptual definitions of brokerage and brokers in legislation, the paper analyzes the concept of brokerage and broker in China at first, and then discusses them in Common Law system and Civil Law system, and put forward the connotation of brokerage and broker, probes into the realation between brokeage and agency. Finally, the connotation and characteristics of real estate brokerage are researched thoroughly.