Research On Legal Issues Of Outdoor Advertising Franchise

Although outdoor advertising appeared in the ancient commercial operation,the development of outdoor advertising industry was not so rapid due to the restriction of the economic development level at that time,and there were no relevant laws to regulate it.Until the 1980 s and 1990 s,with the deepening of the reform and opening up,great changes have taken place in the public ideology and lifestyle.The active consumer market and the diversification of the public lifestyle have produced a large amount of non-political information,and the huge information market brought together drives the essence of traditional media to return.At present,under the environment of market economy,the formation of business circle and the advancement of urbanization drive the development of outdoor advertising,making outdoor advertising industry play an important role in modern commercial publicity.Compared with Japan,Hong Kong,Britain and other countries and regions,China's modern outdoor advertising industry has a late start and a fast development speed,and there are relatively large problems in the establishment,supervision and management of outdoor advertising at the legal level.But with the continuous development of outdoor advertising industry in China,the existing legal system and the theoretical study is not enough to support the rapid development of the outdoor advertising industry,also can't for the outdoor advertising industry development provide effective legal protection,so need to accord with the national condition of our country to establish the legal system of outdoor advertising franchise,clear the ownership of property and ownership,and complete a granted,approval,supervision and management and income distribution,etc,to provide legal guarantee for the development of outdoor advertising industry.By referring to relevant literature and comparing the legal systems of outdoor advertising in relevant countries and regions,this paper summarizes the problems existing in the legal system of outdoor advertising franchising in China.First,the ownership allocation of outdoor advertising franchising is not clear.Secondly,there are problems in the way of granting outdoor advertising franchise.Third,outdoor advertising franchise supervision is insufficient;Fourth,outdoor advertising franchise income distribution is unreasonable.China's current laws and regulations on different levels of outdoor advertising have different provisions for some aspects,which leads to a large difference in the application of laws.In view of the above problems,the following measures are proposed: first,based on the current legal system of real right in China and the analysis of the legal relationship between various subjects,the ownership of land,buildings or structures is different to determine the right of outdoor advertising space,outdoor advertising publishing and resource management.Second,we should standardize the planning of outdoor advertising,distinguish between commercial advertising and public service advertising,grant franchise rights respectively,and improve the right confirmation and registration procedures;Third,we define the supervision subject of outdoor advertising at different stages,refine the content and form requirements of outdoor advertising,and clarify the self-regulation of advertising associations;Fourth,by comparing and analyzing the income distribution modes of outdoor advertising franchising implemented by various local governments,and combining with the power consideration of the government and the parties concerned,the income distribution modes of outdoor advertising franchising under different circumstances are determined respectively.