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特许经营(Franchising)自其出现至今,已有百余年历史,虽不同国家或组织对其定义不尽相同,但制度本身具备的低成本、规模性等特点,在各国经济发展过程中起到不可忽视作用。这种现代化的商业营销模式90年代被引入我国,为商业领域带来一场深刻革命。但相关立法的滞后使得特许经营在我国并未得到有效规制,实践中因此产生各类纠纷。笔者将在本文中,从分析特许经营概念入手,选择特许人与受许人对外责任分担及特许人的信息披露两个重要问题展开讨论。
Franchising has been in existence for more than 100 years since its appearance. Although different countries or organizations define it differently, the low cost and scale of the system itself have played an important role in the economic development of various countries Can not be ignored. This modern commercial marketing model was introduced into our country in the 1990s and brought a profound revolution in the commercial field. However, the lag of related legislation makes the franchising in our country has not been effectively regulated, resulting in various disputes in practice. In this paper, I will start with the analysis of the conception of franchising, and discuss the two important issues of the sharing of external responsibilities and the disclosure of information of the franchiser.