Research On Legal Regulation Of Franchising In China

These years,with the development of the CPC Central Committee and State Council on promoting the non-public economy and private investment in the development of policies and measures and issue of franchising although to a certain extent,promoted the development of economy steady,but the effect is not very obvious,the whole design and the lack of legal regulation,can not be said to be one of the most important the reason.Franchising is a legal phenomenon.Looking at the essence through the phenomenon,the essence of franchising is the public-private cooperation,and it is also the product of the interaction between the compulsory elements of public law and the autonomy of private law.Among them,the government in the whole process of franchising,through the transfer of part of its public power,to become a partner in the private sector.At this time,the government’s function orientation is to ensure the timely and high quality of public goods,and to balance the interests of all parties on the basis of safeguarding public interests.The government plays multiple roles in the legal relationship of franchising,which is mainly composed of the rules,the parties to the contract and the regulators.In the practice of franchising in our country,the motivation of the government to carry out the franchise is to get the fund.Based on the premise of public-private cooperation,it is difficult to ensure a reasonable risk sharing,and ultimately not conducive to the realization of the contract objectives.In any case,franchising is inseparable from the effective supervision of the government.The development of franchising and the supervision of franchising activities,the two are interdependent and mutually dependent.In view of this,we should learn from foreign experience,and establish the relevant content of China’s franchise regulatory system.At the same time,we should not only analysis and integration of existing policies and local regulations,but also on the basis of foreign experience,to develop a unified government franchising laws and administrative regulations,clarify the border of government and market,the rational allocation of the central and local government departments,regulatory responsibilities,enhance the supervision power,strengthen supervision,and to achieve the goal of government franchising legal regulation.At the same time,this paper focuses on the controversial issues in theory and practice,so it is not exhaustive,comprehensive and detailed,its content may be more broad needs further investigation.