Views On The Government Regulation Of Franchise

As a modem form of business operation, franchise is regarded as the most effective way for enterprise expanding and individual starting an undertaking in the world. Its practices and development in the late have proved the tremendous advantages of franchise more than one hundred years. After the 90's, franchise was introduced to our country and underwent a fast development. The persons of insight declare that franchise has become the most profitable way in investment and undertaking in china. On the contrary side to the rapid development of franchise in practices, presently, the introduction and research of relevant theories of franchise and the establishment in our country is relatively sluggish, which seriously obstructs the further development of franchise in china and causes a large amount of problems in management and law. So, how to improve the relevant laws and rules, haw to regulate the franchise fitly have become topics which arouse general concern. Because of the above reasons, this paper will mainly concern about the vertical regulation of franchise. The paper, which consists of seven chapters, will discuss the general theory, specific rules and system mode of the vertical regulation of franchise. The first chapter is brief introduction of franchise. In this chapter, I want to narrate the definition, basic characteristics of franchise by using comparative ways. Though the comparison between franchise and relevant legal relations and through the analysis of Business Analysis Theory and Representative Theory, I will put emphasis on the research of the special Organizing System Function of franchise. The second chapter narrates the necessaries of government regulation of franchise. Though franchise has many functions, it also has kinds of disadvantage because of its special way of organizing business. So we should regulate them. I will discuss and analyze the meaning of franchise, which is based on the necessary and fittable regulation from many aspects.The part from the third chapter to the sixth chapter is the most important part in this paper. Based on the present situation that the rules for regulating franchise are almost blank in our country, I point out the problem in the practices and development of franchise, at the same time, introduce and discuss the concrete contents of the government regulation of franchise one by one, including the rules for franchise entering market, the regulation of franchise agreement, the protection of intellectual property right in franchise and the regulation of anti—monopoly in franchise. The core content of each chapter consists of these aspects such as categories of illegal actions, means of legal protection, means of regulation and the evaluation of system. The research about system should be in accord with the principle "be of advantage to legal enforcement, be of advantage to legislation reference, be of advantage to the communication of law science."So I mainly apply ways of comparison and explanation in this paper, not only point out and analyze the false in the regulation process of our country, but also introduce and evaluate foreign relevant laws and the meaning of referring those laws. The seventh chapter is conclusion. It is my proposals to the legislation and enforcement of law in franchise regulation. Consulting the advanced experience of foreign legislation and enforcement of law and combining the present situation of our country, I approach some schemes of legislation and enforcement of law to the regulation of franchise in our country from these aspects such as legislation theory, legislation mode and the institution of law enforcement.