特许经营限制竞争行为法律研究

Research on the Restriction Terms of Competition in Franchising

从特许经营的概念和表现形式出发 ,阐明了特许经营限制竞争行为所具有的积极意义和必要性 ,在此基础上重点研究了特许经营限制竞争行为的合法范围和条件。指出应当从受许人现实中所处的弱势地位出发 ,禁止特许人任意扭曲自由竞争的行为 。

Beginning with the concept and types of franchising, this thesis intensively reviews the restriction terms of competition in franchising. The thesis clarifies the positive role played by the restriction and its essences, based on which it studies the extent and condition of the restriction. It is pointed that some restriction distorting competition should be prohibited due to the weak position of franchisee in reality. The legislature should attach importance to the interest of franchising.