论特许经营的主体

我国原国内贸易部制定的《商业特许经营管理办法》对于特许经营中受许人和特许人有诸多限制,这与各国法律相比显得甚为苛刻,这种不合理的规定已经制约了我国特许经营事业的发展。无论是从经济、法律还是从实践方面分析,我国立法对于特许经营以主体不同区别对待,然后再决定是否准入的规定都应当早日予以废除,以充分调动社会资源,促进我国特许经营事业的发展。

Commercial Franchising Management Approach established by the former Ministry of Internal Trade has a lot of restrictions for the franchisee and the franchisor in franchising. Compared with its counterparts in different countries, it is much more rigor, and this unreasonable regulation has restricted the development of the franchise business in our country. The legislation for franchise in China is subject to different subjects regardless of the economical, legal, and practical aspects, and then making a decision on access, which should be abolished to fully mobilize social resource to boost the development of the franchise business in China.