Study On The Information Disclosure Of Franchise

Franchising develops rapidly as a kind of introduced business model in our country.In order to expand its franchise system,the franchiser authorizes the brand,patent and business strategy to franchisee.And to get guidance and better safeguard of commercial operation,the franchisee covers the cost to join the franchise system.However,because of Inequality of resource social position,part of the franchiser may make false statement to potential franchisee,or attract them to invest by ensuring the amount of profit.All of these shortcomings make franchising becomes the tool of unlawful profit-making rather than a kind of ideal economic interaction pattern.So the law must formulate inclinable protective rule to franchisee so that the material fairness and justice can be realized,and its core content is completing information disclosure system.Of course,the Ministry of Commerce of PRC promulgated Regulations for the Administration of Commercial Franchises and Measures for the Administration of Commercial Franchises Information Disclosure,these rules promote the improvement of information disclosure system to some extent,but still cannot solve some practical problems.The main body of this article is divided into four parts.The first part analyze the necessity of information disclosure system,the main reason is the particularity of franchising contract and the principle of honesty and credibility.The second part states concrete content of information disclosure system,including its subject,form,time and items,each section introduce extraterritorial rule and its difference compared with our country.The third part states legal liability,except introducing kinds of behavioral model,this part also analyze the liability from different angles,including contracting fault responsibility,liability for breach of contract and liability for tort.The last part is about legislative proposal,this section summarize focus from a series of cases,and then Make suggestion to the law revision and improvements in the future.