A Study On The Legal Problems Of Franchise

After more than a hundred years' evolution, franchise has obtained substantial development in western countries. Franchise which involes complicated legal relationship, demand lots of laws to adjust ,such as contract law, tort law, intellectual proverty law, corporation law, competitive law, product liability law, consumer protection law and so on. In order to regulate franchise effectively, western countries have promulgate special laws. In recent years, some countries (area) even put franchise into civil code or commerce code to adjust. Franchise is a new thing in China's mainland. The legal circles pay little attention to it. Now only a department regulation carries into effect and lack of feasibility. As the concerpt of franchise spreading and China joining WTO, franchise will make rapid progress in China's mainland. Many related law problem will inevitablly arise too. We have no time to work out more effective special law to remedy a legal loophole. So using the experiences of other for reference and enhancing the research has not only theoretical value but even more pratical value. The thesis applies value analysis method, actual evidence method, economy analysis method to study. It contains four chapter. In chapter one, the author analyses many definitions or standpoints of franchise and reach a conclusion of his own's. In chapter two , the author mainly analyses franchise contracting party and contracting form, the restrictive terms, the rights and duty of the contracting party . In chapter three, the author try to prove that franchisor should share the liability caused by franchisee during run's time and should assume substitutive liability. In chapter four, the author propose solutions to improve the law regulation of franchise in china's mainland.