Research On Government Franchising

Government Franchising is the core impetus to the marketlization of public affairs . But at present , the practice of the government franchising is not a little , and a lot of problems also arise . This thesis starts with the outline of the Government Franchising, followed by the practice and legislative conception of its regularization, with the view to inquire into the legislative prospect of the Government Franchising in our country . This thesis includes three parts except the introduction . Part One is the outline of the Government Franchising . From its conception , characteristics and legal attribute , this part analyses the basic features of government franchising . At first, the writer makes a thorough inquiry into the literal origins of government franchising, and concludes that , both in China and the foreign countries , its emergence and early utilization is not private business or economic field, but the public sphere represented by the government. Secondly , the writer classifies the government franchising , compares the business one and the government one. Then this thesis reveals the characteristics of government franchising by the public attribute of its scope, the compulsory attribute of its mode, the special attribute of its subject and the particularity of the right. Finally, it introduces the following controversies about the legal attribute of the Government Franchising : belonging to the civil contract , administrative permit or the administrative contract ? then this thesis expounds the reason and draws the conclusion that the permission of government franchising is a kind of administrative permit action.Part Two is the practice of Government Franchising. Firstly, this thesis put forward that government franchising is the inevitable choice of economic development, this viewpoint is expounded from the following two sides: the first is that government franchising has the characteristics of class nature , regional nature and professional nature . Considering that, we must deal with different business of the same industry with different ways. The second is the significance of the implementation of government franchising. First the writer regards that the relations of public affair industry and government franchising should be divided into three categories: prohibition, relative control and the fully-decisive one. Then this thesis expounds the general situations of Government Franchising System in our country by the reference of public health, public education, electricity, aquatic business, gas and public communication. At last, draw the conclusion that exists in our country is that the free-decisive level in some fields is not enough , while in some other fields that should be strictly controlled , the controlling is still weak , some having been included has no speciality.Part Three is the regularized conception of government franchising. First is the way of regularization , it's believed that this can be carried out from national legislation , regional legislation and the market economic idea level . Then, this thesis put forward that the essential factor of the regulation should be fulfilled in the following ways : the control of the empowered subject , the control of the scope , the control of empowering mode , time limit control , capacity control and the economic interest control .