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Franchise Legal System

Author: ShiHaiYing
Tutor: LiAiJun
School: China University of Political Science
Course: Economic Law
Keywords: Franchising Legal system Responsibility system
CLC: D922.294
Type: Master's thesis
Year: 2011
Downloads: 63
Quote: 0
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Abstract


This business model franchise originated in the 19th century, the United States experienced a hundred years of development. Now, in many countries around the world, the franchise is known as \Of our franchise development starting in the 1980s, has experienced 20 years of time, with the changes in the structure of the consumer and the brand awareness, franchising is increasingly favored by Chinese businesses, it will be new the century commercial hotspots and our new economic growth point. However, due to the fast development of franchising speed, also experienced as the 1960s in the United States, various industries are beginning to join the ranks of the franchise, a large number of speculators and unscrupulous investors are turning to franchising, they take a variety of immoral profit quickly, resulting in serious fraud issues and the occurrence of the phenomenon of illegal. Build what the legal system in order to make the franchise in rapid development at the same time, be able to maintain the socio-economic harmonization, achieve win-win? This is the core of this discussion. Start from the features and development status of the franchise, franchise legislation, as well as a profound analysis of the case of franchise disputes and franchise illegal phenomenon, reveals our existing franchise legal system such as the existence of the legal effect of the disadvantages of low, low market access standards, legal liability system is not perfect, the content and style of the Administration of Commercial Franchise Ordinance is too simple, imperfect information disclosure system and record management system operating procedures. Of departure from the protection of the interests of the franchisee (the franchisee), focusing improve the departmental supervisory duties, improve franchising access standards, strengthen the responsibility system, improve the franchise industry self-regulation mechanism to construct the five levels of the national credit system, through dual legal and social perspective to explore ways to solve. At present, China's legislation for the franchise relationship did not rise to the legal level, adjust franchising franchisor and franchisee (the franchisee) the rights and obligations of the specification scattered in several laws, regulations and department rules, which will directly or indirectly lead to the rights and obligations of the two sides is not clear, increasing disputes. The rapid development of the franchise can not allow the development of the law, if the legislators did not take the initiative to understand the latest trends in the market, to keep up with the pace of franchise development, and ultimately unable to maintain the harmony of the franchise relationship. So, the author advocates the development of a \China should not only learn the advanced legislative experience of the developed countries, but also with China's national conditions to develop the the franchise legal system in line with China's economic development. Experts, scholars and the community to encourage the field to conduct in-depth research and study, continue to grope in practice, sum up experience. Meanwhile, the vigilance of the franchise relationship, the new situation and new problems in a timely manner to adjust the legal system. With objective reality, only the establishment of the franchise legal system in line with China's national conditions, in order to cope with our complex social environment for economic development.

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Business Economics and Management Act
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