Study On Legal Protection Of Franchisees

Franchise comes to china in the 80,20th century, after the introduction of China just a few decades, franchise develops fast and flourish in various industries throughout the country, It has emerged a number of ways to exploit the concession,It is a successful development of business. Franchising in Chinese market economy is playing an increasingly important role, and demonstrate the broad prospects for development.Franchising as a new, unique marketing approach, the core issue is the promotion of the licensing intangible property. Due to the licensee of the franchise by the franchise's domination and control,It is easily triggered such as information disclosure, tying, resale price maintenance, the Franchisee independently assume responsibility for a series of violations of foreign Franchisee's interest. For the law against the interests of the Franchisee in the country has not made any specific provisions made in the judicial practice of and in practice, such violations of human interests of the Franchisee can not be regulated.In this paper, empirical research methods adopted, in contrast to the United States, the European Union, in response to the development of Chinese franchising the present situation of legal protection against the Franchisee's proposal. Paper is divided into five chapters, the first chapter is the object of this study to introduce the franchise overview of development in our country and ours'measures to protect the Franchisee; second chapter describes the two sides of franchising legal relations and the Franchisee 's legal status; third chapter describes Chinese Franchising franchisor lack of information disclosure system, compared to the United States, the European Union and Proposed construction of Chinese relevant systems; fourth chapter analyzes Franchising franchisor to restrict competition by contract against the interests of the Franchisee, specifically including tying franchise in the act of resale price maintenance conduct franchisor, franchise outside world on behalf of the responsible behavior, and contrast the United States, the European Union related to the system by means to improve the relevant institutions in China; fifth chapter is based on Chinese condition and proposed legal protection of the Franchisee legislative principles and concrete measures.