Administrative Litigation Resolving Disputes In Government Franchise Agreement

This paper focuses on the particularity of the disputes in the government franchise agreement,from the practice of the disputes of the government franchise agreement,briefly analyzes the causes of disputes and the typical characteristics of the disputes,and sorts out the history of dispute resolution of government franchise agreements.It is roughly divided into three stages:negotiation and arbitration settlement,civil litigation relief and administrative litigation legislation.Due to the special nature of the government franchise agreement,it is an inevitable choice to resolve the dispute through administrative litigation.However,the current administrative litigation procedure is mainly to resolve the traditional specific administrative behavior disputes,and there are some problems that are not suitable for the dispute settlement of the government franchise agreement,such as disputes over the qualifications of the parties,the standard of the scope of the case is not uniform,the time limit for prosecution is unscientific,the object of the trial has shortcoming,the unreasonable distribution of burden of proof,the applicable law and the rules of the referee are not specific.In view of the current problems in administrative litigation in resolving disputes over government franchise agreements,Should adhere to problem-oriented and goal-oriented,not only to solve the problems arising from its particularity,but also to match the reform of the entire administrative litigation process as a government franchise agreement.Administrative proceedings as the main channel for dispute resolution in government franchise agreements,improving the qualification system of the parties,expanding the scope of the disputed case,reasonably setting the time limit for prosecution,moderately adjusting the focus of the review,scientifically assigning the burden of proof,and optimizing the trial procedure of the referee.To make the administrative litigation resolve the legislative effect of the government franchise agreement dispute to achieve the expected effect.