Research On Legal Problems Of Commercial Franchise Contract

Economic growth in China since the reform and opening up is a universally recognized fact.Among numbers of contributing economic pattern,franchise business's costar tole shines.It even has become an indispensable part of economic development and its great potential has been proved by lots of cases at home and abroad.Although its birth and growth hasn't gone through much time,it expended rapidly.However exactly because of its rapid expansion,the low speed of legislation is highlighted.As we can see regulations and laws on franchise in use now are far from comprehensiveness and soundness,which results in endless legal disputes.The lack in regulations and laws on franchise is unfavorable to the sustainable development of our country's franchise's business.Therefore,it is necessary to study the existing regulations and laws on franchise business and try hard to put forward practical rationalization proposal to perfect jurisprudence.Though comparative analysis and causal analysis,this paper presents some existing legal issues of franchising business.This paper consists of three parts:introduction,main body and conclusion.The introduction part points out the plights of our country's franchise business at present.In the first part of the main body,a relative case is put out to interest readers,which is followed by detailed franchise business at home and abroad.Three legal characteristics of franchise business contracts are summed up based on my own understanding.In the second part,problems in franchise business contracts are illustrated by detailed cases,which include franchisers' qualifications,franchisee statutory obligations and three aspects in franchisee tort.Based on part two,the third part is based on the second part of the proposed targeted put forward the corresponding improvement proposals,including the type of contract terms,contract terms and the qualification of the contract obligations three main altogether seven recommendations.I think that the commercial franchise is now active in all aspects of social life,the positive impact on economic development is worthy of recognition,but also the need to strengthen the legal guarantee,otherwise due to the law is not comprehensive and produce a lot of problems,limiting its development.