The dispute law can ping the franchise?

Despite all the indications that China is becoming the world's largest franchise market, but the outside of its "10 to join the nine pits" ridicule, once let the industry on the prospect of this market deeply disturbed. This year May 1 or will become China's franchise market development watershed. It is from this day on, China's first administrative regulations for franchising-"commercial Franchise Management regulations" implementation. 　It stipulates that the franchisor must be an enterprise, has a mature business model, with at least 2 direct stores and operating time of more than 1 years, but also provides the franchisor's information disclosure system and filing system. In the industry's view, the introduction of this regulation is so necessary-China Chain Association Secretary-General Pei Liang in the media interview clearly, once upon a time, franchising is compared with MLM and beware, now, uphold the principle of freedom of contract and the former mode of thinking has a qualitative difference. "After the introduction of the new regulations, will change to a certain extent before the Chinese franchise market cohabitation, the interests of investors and potential franchisee can not be a strong guarantee of the situation." In the future, irregular enterprises will be eliminated, standardize the brand influence of enterprises will be better protected. "Another important background is that China's franchise market has become increasingly internationalized, according to the forecasts of experts, the next 5-10 years will be the market" historic shuffle stage. In fact, this has been regarded by the industry as a "booster" under the ordinance. "Sadly, despite the aspirations of the industry and beyond, the regulations have sparked some controversy after the announcement." One industry insider told reporters. Immature "hot" mode into China but more than 10 years, franchising mode will be "0 costs to join", "investment of 10,000 yuan, a month to earn 100,000 yuan" and other highly inflammatory propaganda slogans, in the nationwide Gongchenglvede, become a hot business model. 　China now has more than 4,200 franchise systems and more than 168,000 franchise stores, one of the largest franchises in the world, according to a new study published by the China Association of chain companies. "2006, China's franchise system has more than 2,600, an increase of 13% per cent, franchise stores total about 200,000, an increase of 16% per cent." "The Chinese Chain Association related personage discloses to the reporter. He even used "scenery infinity" to describe the current situation of the market.　 However, it admits that with the continuous heating up of the franchise market, a series of chaotic phenomena are emerging, "2004 years or so the most chaotic, many cases of high fraud in the country."　 This personage tells a reporter, some illegal businessman uses the psychology that the franchisee is eager to venture out, dug a lot of circle money trap, join a little inattentive, may be deceived, lose money to return. "At present, the concessionaire reflects the most outstanding problems, including the enterprise's intellectual property rights can not be effectively protected, the brand is malicious counterfeiting, the enterprise's concession system is copied, more serious, the use of franchising fees and other commercial fraud has not been effectively curbed." He pointed out that it was precisely because of the legal system, intellectual property protection and the wholeTechnology and other aspects of the "immature", making franchising in China although the speed of astonishing, but the quality and scale is not satisfactory, the overall image needs to be improved. One of the reasons for the controversy is that the legal system is not sound.　 "The Shanghai Chain Management Association, an expert who did not want to be named, told reporters that from the 1997 trial of" commercial franchise management measures "to 2005 implementation of the" commercial franchise management measures ", all belong to the State Council department regulations, lack of legal coercive force, can not guarantee the development of franchising norms. This makes the implementation of the "Commercial franchise Regulations" since May 1, has not yet made a formal appearance has attracted much attention. "This is the first China issued the administrative regulations on franchising, it should be said that the Chinese government issued a desire to standardize franchising, determination and international standards of a strong signal." And China's franchise market is expected to be reborn. 　The above experts comment on the promulgation of the law. A deputy director of the Ministry of Commerce and Trade, said in an interview with the media, the "Commercial Franchise Management regulations" in the history of Chinese business has epoch-making historical significance. 　It marks the development of small and medium-sized enterprises investment, intellectual property rights, franchise industries, such as new economic farewell to chaos, embodies the law. The person in charge of a law firm in Beijing interprets the regulation as a clear reduction in the intervention of franchising by means of administrative examination and approval, and more freedom for the parties to enter into franchise contracts. Compared to the previous "Business franchise management measures", it is more relaxed, more pragmatic, more clear, more simplified content, the conditions have also been relaxed.　 He thinks, the Ministry of Commerce and other legislators have fully realized that the fundamental nature of franchising belongs to the contract behavior, therefore, we must grasp the administrative power and the scale of intervention in civil action, in order to effectively strengthen its norms and management. In the view of the Shanghai Chain Management Association, the most important feature of the regulation is "to standardize the behavior of the franchisor". It points out that the key to managing franchising is to manage the franchisor. "Perhaps this is the regulations to improve the franchisor's record and information disclosure system, aggravating the franchisor's legal liability, or even the abolition of the franchisee's conditions and obligations."　 "he said. 　But the controversy has also sparked-whether the first rule, which was conceived long before it was too much against the franchisor, overprotective the rights of the franchisee. "In fact, the problem is not all in the concession, some franchisees also have irregularities." "The head of a franchised brand store in Beijing said some franchisees deliberately delayed or even refused to pay, and some continued to use the franchisor's trademarks and even steal the franchisor's core technology after the termination of the contract." "But there are no corresponding provisions in the regulations that govern these acts." While we are in favour of protecting the rights of the franchisee, we also call on the legislature to pay attention to the franchisor's interests. "A professor at the University of Cesl has raised the same question. "The entire ordinance has always put the franchisor as a key monitoring object, which makes the supervision of those who have malicious fraud and steal trade secrets a blind spot." Such a regulation might scare awaySome want to do franchising enterprises, even led to the gradual contraction of franchising in China.　 He said to reporters with some concern. There are also people who applaud the tendencies shown above. Beijing a large supermarket group in charge of reporters bluntly, franchising legislation, this should be "tendentious", and "more targeted by the franchisee"-restricting the franchisor's bad behavior, to protect the disadvantaged groups of the franchisee's basic interests. In essence, franchising legislation should belong to ' tendentious legislation '.　 "he said. In this regard, the Ministry of Commerce in the interview with the media to explain that the reason to focus on the franchisor's franchise behavior, based on foreign successful experience and the actual situation in China, and finally determine the standard franchise activities, maintain market order, the key is to standardize the behavior of the franchisor.