The "Contract Law" does not stipulate the qualifications of intermediaries. Can citizens, legal persons and other economic and social organizations engage in intermediary activities? Should there be necessary restrictions on the subjects engaged in intermediary activities? There is a great controversy in practice on this issue, and there are two completely different views: one thinks that the subject qualification of intermediary institutions should be restricted, and only legal persons approved to engage in intermediary business should be allowed to engage in this activity, so as to strengthen supervision and management and standardize the market order of intermediary activities; One view is that the subject qualification of intermediary institutions should not be restricted, and any citizen or legal person should be allowed to engage in intermediary activities.

However, many people think that intermediation should be divided into two situations: (1) The intermediary behavior of citizens as intermediaries in daily life and social life is indeed necessary and positive in folk life, but it cannot be fundamentally restricted or prohibited by law, and can only be guided and regulated. Therefore, this kind of intermediary activity should be recognized as long as it conforms to the basic principles of the intermediary system stipulated in the Contract Law, and the intermediary should not be forced to have a specific subject identity recognized by legal procedures. (2) Intermediary activities with legal persons or social organizations as intermediaries in some specific fields should be restricted and regulated, requiring intermediaries to have legally recognized qualifications as specific subjects, otherwise they will not be recognized and protected. For example: futures broker, insurance broker, securities broker, etc.