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Studies on the Legal System of Franchise Information Disclosure

Author: WangWenJia
Tutor: KongQingJiang
School: Zhejiang Technology and Business University
Course: Civil and Commercial Law
Keywords: Franchising Information Disclosure Administration of Commercial Franchise Ordinance
CLC: D922.294
Type: Master's thesis
Year: 2008
Downloads: 113
Quote: 1
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Abstract


Franchising as a new business model, since the middle of the last century in the United States first appeared, has become a very promising business models in the era of knowledge economy, and even predicted as the dominant economic model of the twenty-first century. Franchise Although the introduction of China for nearly two decades alone, in a market economy already shows the important role that can not be ignored, and become a hot topic in the field of economy. In the case of the market has not developed, by many people tend to become tools of some unscrupulous franchisor illegal profits and scale expansion, especially potential licensees face the risk of asymmetric information. With the rapid development of our local franchise, as well as foreign franchise systems continue to enter constraints due to the lack of relevant laws and regulations, some unscrupulous operators franchise fraud and other problems begin to emerge. Foreign legislative practice and theoretical research, I found that the core to prevent the franchise risks and protect the interests of investors is to establish and improve the information disclosure system. February 6, 2007, Premier Wen Jiabao signed released the Administration of Commercial Franchise Ordinance, on May 1, opening a new chapter in Chinese Commercial Franchise legalization. The paper is divided into five parts. The first section provides an overview of franchising and information disclosure of these two basic concepts, first introduced the concept and characteristics of the origin, development and current status of franchising and franchising, franchising and other confusing concepts, a distinction is made, and franchise to do a different classification; followed by the legal regulation of franchise problems leads to information disclosure system of origin and legal value, information disclosure system standards, etc.; Finally, on this basis, franchise information The disclosure regime theoretical analysis and elaborated in the establishment of the franchise and the need to improve the information disclosure system. The second part of the article made a further study on the characteristics and content of franchise information disclosure system, including the main body of information disclosure, time, manner, and also introduced our new \Franchise Information Disclosure of the relevant provisions. The third part of the article described and analyzed in violation of franchise information disclosure obligations Liability and relief, including civil liability and relief, criminal liability and relief, as well as the cooling-off period \the relevant provisions of the \The fourth part focuses on the study of comparative law of franchise information disclosure system, the first franchise legislation are outlined, followed by Franchise Information disclosure countries domestic legislation made research, including official legislation, industry self-regulatory code of the Association as well as the exemplary legal documents of international organizations. The fifth part of legislation on franchising information disclosure system and further improve the outlook legislative process of our franchise first introduced, followed by the focus on the new \on its key content and system analysis, and finally the Franchise Information Disclosure System and franchising legislative trends further thought.

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