The Legal Precautions Against Risk For Franchisee In Franchising

Franchising took one kind of new commercial management pattern first appears from the middle leaf on last century in US. It already developed into a kind of having extremely potential business model in the knowledge economy time, and even to be the 21st century leadership economic types by the prediction. Although franchising was introduced to the Chinese only nearly 20 years time, it had actually demonstrated the noticeable vital function in the market economy, and become a big hot spot in the economical domain. However, franchising also fetch many risks while bringing enterprise and personally opportunity in our country. How to control these risks from the legal angle generates hot discussion in business circle and the law topic. Author researches from the side on risk that franchisees facing, takes the reference international on correlation legislation. This article carry on the elaboration to specially permits in the management against risk of franchisee on this question, in order to benefit the correlation legislation and practice in our country.This article is divided into four parts, approximately 36,000 characters except the introduction and the conclusion.First part: Summarization of the risk about franchising. This part starts from the concept of franchising, analyzes the definition of our country and abroad, then includes its characteristic. Then analyze the similarities and differences between franchising and other concepts which is easy to confuse to crystallize the object. Finally, takes a simple review and analysis on franchising development course and the present situation in our country.Second part: The analysis on the risk of franchisee in franchising. This part is to carry on the analysis of the risk of franchisee from the theory and the reality angle. Firstly, taking the model sociology risk theory, from the legal science angle basic theory to discuss the connotation, the characteristic as well as produces makes, simultaneously making the explanation of the legal guard basic mentality and this article research scope of franchisee in the management .Then, discuss the main situation in the reality to cause to franchisee's risk.Third part: What is the reason for the risk for franchisee? This part is carries on the analysis from the economic and the legal science angle to the risk origin. From the economic angle analysis, benefit conflict is the root of this kind of risk .The asymmetry of information is the cause to franchisee's risk. From the legal science angle observation, the flaw of franchising contract intensifies the risk of franchisee. In the macroscopic stratification plane legislates the flaw to guards against is franchisee's person risk to be disadvantageous, in the microscopic stratification plane permits the person law application not strength, is causes to franchisee to distinguish and to dodge the risk difficult.Fourth part: The legal precautions against the risk for franchisee in franchising. In view of the reasons for franchisee's risk in the third part of this article, the last part is from the legislation and the legal application angle, using legal countermeasure to guard against franchisee's risk. On the one hand, the country strengthens from the macroscopic stratification plane is legal precautions against risk for franchisee, mainly on the entering system, the information through the market disclosed the system, the contract law system establishment and the consummation obtain. On the other hand, in the microscopic stratification plane should strengthen risk for franchisee's consciousness and the ability to use the rules.