중국 가맹사업 법적 규제의 최신동향 및 개선방안

Nowadays Franchise Business, as a rapidly expanding business model, develops very swiftly in China. Regulations of the People's Republic of China on Franchise Business, which is the first rule of law about Franchise Business, is promulgated in order to obey the international rules and standardize our related economic orders. I n this thesis, I first introduce the development history and present situation of Fr anchise Business in China, and then briefly recount the definition and character of Franchise Business. I elaborate the legal relationships between the two parties and the importance of signing a contract. Finally, the actual state of legislation about Fr anchise Business in China is discussed. Franchise is deemed as the most successful business model in the 20 th centurys, it belongs to the areas of private law, but it is necessary for the state to take legal measures to control the draw backs in its operation. The typical control pattern includes the model of information disclosure, intellectual property protection, rights and obligations as well as the mode of competition law. On this basic understanding, this paper analyses China's control mode based on regulations on the Management of commercial franchise in detail and holds that China's legislation in this field has the characteristics of internationalization and modernization, then make some suggestions for improvement.