On The External Civil Liability Of The Franchiser In Commercial Franchising

Commercial franchise,commonly known as "franchising" or "franchise",is a kind of business management mode that began to appear in China in the late 1980 s,although compared with the development history of foreign countries for more than 100 years.China's franchise has not been developed for a long time,but by the end of 2017,I had developed very rapidly.According to the data released by the China Association of chain Management,the country's franchise system has exceeded 5,000,and the number of top100 franchises has exceeded 160000.Franchise has become one of the most promising business models in China.Real estate brokerage market The franchise also from the original several big,to now a hundred flowers blooming.Join the market also from the original main development line,second-line cities,to third-tier cities.On the one hand,because single brand alone obviously has no advantage,operating direct chain investment cost is high,affected by real estate policy,market and so on,often easy to lose profits in order to expand the scale.The advantage of franchise business model lies in its ability to expand rapidly at low cost,expand brand influence,operate independently and bring into play greater potential and value.Franchisees can learn from each other and realize win-win results before franchising.Near Financial institutions also poured capital into the real estate brokerage industry,which led to the rapid expansion of some brands.However,rapid expansion may also lead to some negative results.Some franchising brands expand for the sake of expansion.They only attach importance to scale and only value the operation of capital,while neglecting to make the franchising entities solid.The training and service of franchisees is neglected,which can easily lead to frequent turnover of franchisees,which not only affects the brand reputation,but also affects the interests of the third party with whom the franchisee has business relations.China's current regulations on regulating franchising and the regulations on the Administration of Commercial franchising,and The measures for the record Administration of Commercial franchise(for trial implementation)and the Measures for the Administration of Information Disclosure of Commercial franchise are only regulations on the administrative management of franchising,and no relevant provisions have beenmade on the civil liability arising from the franchise relationship.What role should the franchisor play in the independent operation of the franchisee,how to deal with the resulting civil legal liability,and whether the franchisee should be responsible for the damage caused by the franchisee to the third party in his business activities,What kind of responsibility doyou assume? This is the question that this article will analyze and discuss.