关于中小企业特许经营权的几个法律问题

在人类历史上，很早就出现了类似特许经营的经济活动。中小企业特许经营权的典型形式是契约型的特许经营权，其含义也早已不仅限于政府特许的范畴。由国家特权向民事权利转变是中小企业特许经营权发展的轨迹与历程。中小企业特许经营权与商业连锁经营权的区别是：权利的从属关系不同；权利的内在联系不同；法律关系的范围不同；运用权利开展业务的方式不同。中小企业特许经营权的取得，是指作为受权方的企业获得从事特许经营事业的资格或能力。特许经营的双方当事人是相互独立的法律主体，特许经营的责任分担，应以自己责任为原则。

On A Legal Analysis of Franchise of Business Granted to Medium and Small-Sized Enterprises

Things similar to franchise of business have emerged at a very early stage in mankind economic activities.The typical form of franchise of business granted to medium and small—sized enterprises is a contractual one,the meaning of which has already got beyond the category granted by the government.The right is the track and process of the development of such a franchise of business.The distinctions between franchise of business granted to medium and small—sized enterprises and right of commercial chain business lies in the dependent relation of rights,the inherent relation of rights,the scope of legal relations,and the approaches of business with the use of rights.The acquisition of such a franchise of business refers to the certification or capacity of an enterprise as the franchise—receiving party, to be franchised business are independent legal subjects.The principle of “selfresponsibility” should be applied to the distribution of responsibility in a franchised business.