On Regulating And Legislating A Law On Franchising

At present there doesn't exist a specific law and regulation to normalize franchising in our country,which is to the disadvantage of the sound development for the business affairs of chartered dealings in China. Therefore how to regulate franchising from the aspect of law becomes an urgent and realistic issue. This article first wants to make clear the basic question of "What is franchising?" The author thinks that comparatively the brief definition set by International Franchising Association exposes the nature of franchise. Through the listing of the many definitions of franchising by many academic scholars,the author conies to a nonobjective conclusion upon the characteristics and two basic juristic features of franchising. Of course this paper focuses on the analysis and study of the issues of contract law and competition law in franchising. Franchising or special permit business,as a particular intangible property right,the legal condition of its contract law is different from ordinary contract. This paper tries to make it clear how to apply competition law and anti-monopoly law to franchising contract. Our country hasn't yet formulated a law for franchising,therefore how to regulate and legislate a law on franchising such a special privilege deal,in the future,including legislative mode,legislative policy and the constitution of specific policies is the big concern of this paper. The franchising law and regulation system should in conformity with the actual situation of our country as well as the international conventions. The reasonable design of policies is the key to the success of legislation.