中國에 있어서 프랜차이즈에 대한 法規制의 現況과 改善方向

The business system of franchise in China was formally developed from the middle period of 1990s and became much more widely-used when entering the 2000s. In order to regulate the franchise business activities which more enterprises are becoming involved in, China also commenced to enact related regulations to reinforce its application. To supply a better understanding about the franchise regulations in China for foreigners, this paper is to direct attentions to the special development in China’s franchise business, making an introduction about legal system of franchise firstly and then studying on the detailed contents. On the basis of this, the paper is to review on the legal issues in present regulations and offer some improvement suggestions. The first part is to make an overview on the franchise development in China and the relevant legislations, indicating that the current prime legal system has been formed by the "Regulation on the Administration of Commercial Franchises "enacted by the State Council as the central administrative regulation, and "Administrative Measures for Archival Filing of Commercial Franchise", "Administrative Measures for the Information Disclosure of Commercial Franchise", "Measures for the Administration of Commercial Franchises" enacted by the Ministry of Commerce as the supplemental ministerial rules. The second part is to review regulatory contents of current franchise system, focusing on the meaning and categories of franchise, the qualification requirements of franchisor and franchisee, rights and liabilities betweenfranchisor and franchisee, mentioned items of franchise contracts, registration of franchise, public information system of franchise, and relevant penalty and complaint system, etc. The third part is to point out that although Chinahas organized regulatory system in a relatively fully-developed level according to its own franchise progress, there are still not a few issues existing, for example, legislative level is not high and the regulatory contents are incomplete, civilregulations are inadequate and the relations among relevant laws, administrative regulations, ministerial rules are insufficient, and others. Therefore, China ought to make specialized laws regarding to franchise and improve the regulatory details, to accept franchise contract as a kind of typical contract, to reinforce the relations among relevant laws, administrative regulations, ministerial rules, and also to strengthen the legal liabilities related to franchise. As China is approaching to building up a more open market and continuous economy growth, the number of enterprises, including foreign enterprises, which have made use of franchise forms has much increased. However, China still lacks the experience in legislative system of franchise and is deficient in accumulated judicial precedents for references. So it is of great necessary to take reference to advanced advices out of foreign experiences in combination with China’s actual national conditions, for the benefit of improvement and an effective use of the franchise legislative system.