On The Legislative Perfection Of Commercial Franchise Supervision In China

Commercial franchise refers to the business activities that an enterprise uses its own business resources such as registered trademarks,corporate logos,patents and proprietary technologies,to permit other business operators to use in the form of a contract by paying franchise fees.It is of great significance to improve our country's commercial franchise supervision legislation to promote the healthy and orderly development of commercial franchise industry in China,protect the legitimate rights and interests of the franchisor and consumers,and maintain the market order.However,there are still some problems in our current commercial franchise supervision legislation,such as the lack of legislative principles,imperfect legal system,low threshold of market access,unclear responsibilities and powers of the regulatory authorities,the franchisor's illegal responsibilities are too light,the filing system and information disclosure system failed to connect effectively,the lack of regulatory procedures and other issues.The causes of these deficiencies are manifold: political factors,such as inadequate guidance of national policies,generalization of market economy;economic factors,such as low market maturity,high regulatory costs;social factors,such as misunderstanding of filing and information disclosure and other regulatory systems and deviations in understanding the connotation of“rights-based”;theoretical factors,such as the controversies over the regulatory boundaries,regulatory contents and regulatory approaches of commercial franchise.Therefore,it is necessary to perfect our country's commercial franchise supervision legislation from four aspects: legal principles,system,entity and procedure.At the level of legal principles,legislative principles should be clarified to provide direction for the supervision of commercial franchise;At the legal system level,the legal hierarchy should be improved and coordination with other laws shouldbe strengthened;At the level of entity regulation,market access thresholds should be improved,responsibilities of the regulatory authorities should be clarified,and the responsibilities of the franchisor for breaking the law should be improved;At the procedural level,we should perfect the time regulation of information disclosure and the procedure regulation of supervision and law enforcement.