The Civil Liability Of The Franchisor To The Third Person

Franchising is one of the world’s most popular business model in China has been booming development.With the rapid development of franchising, relating to the franchise disputes increased, the external responsibility question appears the outstandingly. In practice, there have been lots of issues about external responsibility of franchising. In view of the current law does not has the special provisions about the civil liability of franchising activities, This gives the court in dealing with such disputes brought some troubles. Lacking of legal liability system in the franchising activities. It’s not conducive to the maintenance of consistency of the court,and it’s not conducive to the healthy development of franchising activities.This paper consists of three partsran introduction, body and conclusion. The introduction part briefly introduces the franchise’s history and the development situation in our country, points out the purpose and significance of this topic.The body consists of three parts.The first part introduces the basic theoretical knowledge of our commercial franchises, including the concept of franchising, legislative system of franchising, and how to identify the legal relationship of business franchise;The second part is to introduce the concept and classification of the external responsibility of franchise,besides introduces all kinds of theoretical perspectives and viewpoints of franchising external responsibility in the world,and analysis of the pros and cons of each theory;The third part discusses the principle, mode of commercial franchising and put forward new ideas to solve many problems.The conclusion summarizes the main points of view, and points out the direction of further study.This paper adopts a comprehensive analysis method to explore the problem of the franchisor’s external responsibility,And in the end of article innovatively proposed a view of the franchisor’s external responsibility, try to introduced the insurance system.