Research On Business Franchise Legal System

As a kind of economic and management mode under the development of the modernmarket economy, business franchise has become the only way of the current enterprisedevelopment and has been adopted by a lot of business enterprises, manufacturing enterprisesand brand service. The development of Chinese business franchise began in the late 1980 swhen McDonald and KFC were introduced into China with Chinese reform and opening up,the enlightenment of the business franchise has been spreaded in China, a large number ofChinese enterprises and social elites began a brave and ongoing business franchiseexploration and practice on the way of Chinese business franchise. Although the introductionof business franchise mode in China was relatively late, but even in more than twenty years, ithas achieved rapid development. But we must face the reality that compared with foreignbusiness franchise mode, China still has a lot of immature and non-standard parts, the causesof this situation are various, including the market mechanism is imperfect and the creditsystem is not sound, but at its source, the main cause is that the legal system of Chinesebusiness franchise is imperfect.This paper is divided into six parts, the first part is introduction, it mainly elaboratedbackground and significance, research trends, research ideas and research methods at homeand abroad of this paper. The second part is the theory of the "business franchise analysis",this part mainly elaborates the concept, basic characteristics of business franchise, as well asthe origin and development of business franchise process. The third part is "The analysis andrevelation of foreign business franchise legal system ". This part analyzes foreign businessfranchise legal system, then puts forward its enlightenment to our country based on it. Thefourth part is the "The business franchise legal system of Chinese present situation andinadequate", this part expounds the legal system of business franchise in Chinese status quo,and on the basis of finding out the problems of the legal system of business franchise in China.The fifth part is “The countermeasures of pefecting Chinese legal system of businessfranchise ", it is aimed at the fourth part of the "The business franchise legal system ofChinese present situation and inadequate", then it puts forward some countermeasures. Thesixth part is the conclusion, this part mainly expounds the main content of this paper as asummary.The innovation of this paper lies in: firstly, business franchise legal system at home andabroad are mostly limited to one perspective in the past, while this article embarks frombusiness franchise legal system as a whole, fully considering the unity and coherence oflegislation system, then found from various angles of the defects the legal system of businessfranchise in China and puts forward the relevant countermeasures. Secondly, it puts forwardthe relationship legislative mode for our reference combined with Chinese specific nationalconditions through the comparative study on a variety of legislative modes of businessfranchise abroad and poring over major laws and regulations in the field of business franchisein China. Thirdly, aiming at the problem of taking management seriously but underestimatingcivil liability for a long time in China, it puts forward the relevant countermeasures ofperfecting Chinese business franchise civil liability from two aspects of internal and externalresponsibility.