The Research On Franchisee's Legal Right Of Cancellation

Commercial franchise is regarded as the most successful business model in the 21 st century.It also plays a very important role in people's daily life.It is one of the missions of modern rule of law to ensure its healthy development through legal system.In commercial franchising,there is a certain degree of inequality between the franchisor and the franchisee,so the franchisee becomes the object of the slant protection of the legal system,and the franchisee is granted a legal right to cancel.Specifically,the franchisee's statutory right of rescission can be divided into two parts: the arbitrarily dismissal right and the dismissal of the information disclosure obligation.In recent years,with the development of commercial franchise,the disputes have become more and more disputes,and many have entered the judicial process,including many disputes involving the legal right of cancellation.However,in practice,the judiciary has a phenomenon of “different judgments in the same case” and even become a difficult problem in franchise contract disputes.This has had a negative impact on the development of commercial franchise and has become a “real” problem".The franchisee's legal right of cancellation is a special system design.As a specialization study,this paper intends to use the traditional problem-solving ideas to launch the full text,specifically adopting the “theoretical analysis—system review—judicial observation—future improvement” In addition to the introduction,the department is divided into four chapters.The first chapter was "the normative interpretation of the franchisee's statutory right of rescission".The franchisee's statutory right of rescission is actually an academic classification.The specific reference to the literary person should be clear before the full text,so the article The main part elaborates on the theoretical meanings of “the franchisee”,the “legal right to revoke” and the “the theoretical basis of the franchisee's legal right of cancellation”;The second chapter analyzed the "system status of the franchisee's legal right of cancellation",mainly from the comparison of domestic institutional norms and relevant norms of other countries and regions,and found that the right includes arbitrary rescission rights and the right of cancellation due to violation of information disclosure obligations.At the same time,from the normative level article,the paper analyzed the problems existing in China's current system of legal rights of franchisees and their causes.The third chapter is “the judicial attitude of the franchisee's legal right of cancellation”.The cases in judicial practice were a direct reflection of the reality.This paper analyzed the franchisee's right to arbitrary cancel and the right of cancellation due to violation of information disclosure obligations by selecting some representative cases,and summarized relevant experience and lessons in judicial practice.On the basis of the previous analysis,the fourth chapter put forward specific suggestions for perfecting the legal right to be canceled by the franchisor,including the selection of the best legislative model,the improvement of the arbitrary right to cancellation and the right of cancellation due to violation of information disclosure obligations.It was a remedy for existing institutional issues and a result of learning from other institutional experiences and summarizing judicial experience.