Study On The Regulation Of Commercial Franchising From Economic Law

With the development of "Internet +" and "Entrepreneurial Tide",more and more enterprises choose the business mode of commercial franchising.As of March 31,2019,the total number of enterprises registered and announced in the business franchise information management system was 4534,involving many fields such as retail,catering,education and livelihood services.Most of them are well-known brands at home and abroad.They are very active business development models.In recent years,the rapid development of commercial franchising in China,the volume is growing,involving more and more industries and fields.This phenomenon also coincides with the concept of "mass entrepreneurship and innovation" put forward by Premier Li Keqiang of the State Council.However,the incidence of commercial franchise disputes has remained high.Up to now,there are 35052 results of "franchising" searched in China's Judicial Documents Network and 37492 results of "franchising" searched in the Judicial Documents Database of Wolters Kluwer.Therefore,it is necessary to evaluate,reflect on the implementation of the system and provide suggestions for its improvement.According to the author's research and summary,there are still many irregularities in China's commercial franchising.The main manifestations are as follows: firstly,the franchisor's dominant position is abused,and the phenomenon of restricting the franchisee's participation in normal competition is rampant(there are 477 results in searching "franchising" + "restricting competition" in the Judicial Documents Database of Wolters Kluwer);secondly,the information disclosure mechanism is incomplete.Good,franchisee's judgment ability to industry and industry is weak,blindly follow the trend,and the failure rate is high.The regulation of restrictingcompetition in commercial franchising,the regulation of information disclosure and the reasonable avoidance of blindness in franchising are still major issues that our government is facing and urgently needs to solve.This paper intends to study the sustainable development of China's commercial franchising industry from the perspective of economic law.This article is divided into four chapters.The first chapter is the general part,that is,to discuss the origin and development of commercial franchising and why it needs to be regulated by economic law.The last three chapters belong to the sub-discussion,that is,to discuss in depth the restrictive competitive behavior of commercial franchising,information disclosure and government regulation,and to try to solve these three problems and improve measures.In the scope of economic law,the author believes that it is necessary to reflect on and improve the restrictive competitive behavior of commercial franchising,the information disclosure system of commercial franchising and the regulation and control of government.Chapter one,the rationality of economic law regulation of commercial franchise.This chapter will mainly clarify the origin and development of commercial franchising and the rationality of economic law adjustment.The first section of this chapter defines commercial franchise.There are many different definitions of franchising.For this reason,Article 3 of the Regulations on the Administration of Commercial Franchising [Article 3 of the Regulations on the Administration of Commercial Franchising],the term "commercial franchising" as mentioned in these Regulations refers to enterprises with registered trademarks,enterprise logos,patents,proprietary technologies and other operating resources,which are licensed to other operators in the form of contracts.The franchisee carries out business under a unified business model as stipulated in the contract and pays the franchisor the franchise fees.No unit or individual other than an enterprise may engage in franchising activities as a franchisor.] It is also described in detail.Generally speaking,its basic characteristics mainly include: first,it is a collection of intellectual property rights and objects,and its core value is intellectual property rights.Secondly,the commercial franchising relationship is a continuous legal relationship,and the basis of the relationship between the franchisor and the franchisee is the commercial contract.Thirdly,commercial franchise contract is a kind of bilateral paid format contract.The second section of this chapter is about the rationality of economic law adjustment of commercial franchising.This section will mainly focus on why the adjustment of civiland commercial law has limitations and why it needs to be adjusted by economic law.The author believes that the civil and commercial law is not the best solution to adjust the commercial franchise,but the economic law has its unique advantages and rationality.Therefore,the author elaborates on the rationality of economic law adjustment of commercial franchising.From the analysis of the causes of economic law,the basic principles of economic law and the basic hypothesis of economic law theory,economic law is the best solution to adjust commercial franchise,with rationality and matching degree.In addition,from the domestic and foreign economic situation and trend,the adjustment of economic law of commercial franchise is very urgent and necessary.In the second chapter,the author will discuss the legal regulation of restricting competition.As an important part of anti-monopoly law,restricting competition behavior belongs to the micro-regulation category of economic law.In the first section of this chapter,an overview of the restriction of competition in commercial franchising will be given,focusing on the main situation of restriction of competition in commercial franchising.Usually what we call restrictive competition behavior refers to excluding,distorting and preventing competition in the market.In the franchise relationship,the restriction between the franchisor and the franchisee,and the joint restriction of the franchisor and the franchisee on other subjects are the connotations of the restriction of competitive behavior in commercial franchising.It should be pointed out that the research object of the author is limited to the franchisee's restrictive competitive behavior against the franchisee.In practice,such restrictions mainly include tying behavior,fixed price policy and regional operation restrictions.Section 2 of this chapter is an overview of the legislation of restricting competition in foreign commercial franchising.This paper will mainly introduce the legislative practice of Western European and American countries,and try to summarize the conclusion of perfecting the legal regulation of restricting competition in commercial franchising.This section focuses on foreign countries and organizations-the United States and the European Union.In the third section of this chapter,aiming at the current situation of our country and drawing lessons from foreign experience,the author will try to conceive how to regulate the restriction of competition in commercial franchising.In the third chapter,the author will discuss the information disclosure.Information disclosure system itself belongs to the legal norms of market supervisionand an important part of economic law.This chapter is divided into three sections.In the first section,the author will analyze the necessity of information disclosure,specifically from the role of information disclosure and the existing problems of information disclosure in China.Section 2,the author will study the information disclosure system of foreign commercial franchise.The author believes that both legislation and judicial practice,the United States,Australia and other countries have focused on information disclosure,and the information disclosure system is relatively full and complete.The main body,relative party and basic principles and contents of information disclosure,as well as the law,are the main body of the meaning of information disclosure.There are relatively complete provisions on responsibility.In the third section of this chapter,the author will aim at the existing problems in our country and try to put forward relevant suggestions for improvement by drawing lessons from foreign experience.In the fourth chapter,the author will focus on the government's supervision and control.This chapter will focus on the necessity of government supervision and control and measures to improve it.As the main body of supervision for the development and operation of market economy,the problems of market chaos,frequent fraud,failure caused by blind follow-up investment,unbalanced development of industries and unbalanced development of urban and rural areas in commercial franchising are all related to the lack and imperfection of government supervision and regulation.The necessity of government regulation should be analyzed in two aspects.On the one hand,government regulation of commercial franchising is conducive to the realization of macro-control objectives.On the other hand,strengthening government regulation is a necessary measure to protect the rights and interests of franchisees and consumers.In view of the existing problems of government supervision and the necessity of government supervision and regulation,the author puts forward relevant suggestions for improvement.In my opinion,first of all,we should strengthen and improve the government's macro-control measures;secondly,we should strengthen the government's supervision of market access for commercial franchising;in addition,we should improve its administrative penalty system;finally,we should improve its relevant credit investigation system.