Research On The Organization Of Commercial Franchise Contract

The commercial franchise is a common business mode worldwide.Since it was introduced into China,its contribution in the economic field has gradually increased.Commercial franchise has not only become a major way to broaden the scale of business,but also is the best way for the groups who want to start a business.The prosperity of commercial franchise has caused a lot of disputes.Legal scholars have done a lot of research on commercial franchise.In the process of making the civil code,the commercial franchise contract has been written into the draft,which shows that it has the typicalness.This paper starts from the core of franchise,commercial franchise contract,and studies the organizational characteristics of commercial franchise contract and the imbalance of rights and obligations caused by the organization under the current system.According to Coase’s cost transaction theory,commercial franchise contract forms an economic organization mode between market transaction and vertical governance structure,which embodies the organization from three aspects: contract mode,contract operation and risk burden.Organization makes the franchisor and the franchisee form a hierarchy.The franchisor has advantages in the contractual relationship,while the franchisee is in a relatively weak position.The franchisor takes advantage of the gap caused by the organization structure to avoid the disadvantages,transfer the risk to the franchisee,and impose strict control on the franchisee.China’s current system cannot be a good solution to this problem,so this paper puts forward countermeasures.On the one hand,it proofs the legitimacy of the franchisee’s protection,and corrects the situation that the franchisee’s voice is weak and the status is lower than that of the franchisor in the contractual relationship;On the other hand,improve the relevant legislation of contract organization,intercept the excessive control behavior of franchisor,give full play to the universal role of civil and commercial law,link and apply to unexpected situations.