Study On The Dispute Settlement Mechanism Of The Franchise Agreement Alteration

The franchise agreement is a new model of social governance.While improving the government's efficiency in managing social affairs,it also drives the vitality of capital and provides infrastructure and public services that meet the needs of the public.However,franchise agreements often have been changed due to unpredictable economic conditions during the long contract period.Disputes over the agreement changing also will increase.In practice,disputes arising from changes in franchise agreements can be resolved by various means such as negotiation,arbitration,civil litigation,reconsideration and administrative litigation.In terms of litigation resolution to the franchise agreement alteration,the determination of the franchise agreement has not yet formed a stable state,so there are contradictions in the documents,laws and regulations,doctrines,etc.,and there are also conflicts between them.In the mode of resolving the non-litigation disputes,the settlement of the negotiation may not achieve the desired effect.The arbitration settlement and the administrative reconsideration are all hindered.Therefore,it is necessary to establish a dispute settlement mechanism for franchising agreement changes.The franchise agreement is both administrative and contractual,but in comparison to be defined as administrative contract is more practical and operational.However,it must be recognized that even if the franchise agreement is an administrative agreement,the dispute includes civil disputes.Therefore,it can be resolved either through a civil dispute resolution mechanism or through an administrative dispute resolution mechanism.There are measures to establish a multi-solvent mechanism for franchise agreements alteration disputes.Through the establishment of negotiatedterms and demarcation of unalterable items,the mechanism for pre-disputed dispute resolution is optimized.Consultation,arbitration and other non-litigation resolution mechanisms are refined.On the basis of retaining civil lawsuits,the judicial review of administrative litigation to the unilateral power of administrative agencies is further refined.