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@article{ART002344595},
author={CHEN DAPENG and CHEN JUNHENG},
title={Legal Review of China's Public Utility Franchise Contracts},
journal={Journal of International Business Transactions Law},
issn={2982-5903},
year={2018},
number={21},
pages={127-155},
doi={10.31839/ibt.2018.04.21.127}

TY - JOUR
AU - CHEN DAPENG
AU - CHEN JUNHENG
TI - Legal Review of China's Public Utility Franchise Contracts
JO - Journal of International Business Transactions Law
PY - 2018
VL - null
IS - 21
PB - The Institute for Legal Studies Dong-A University
SP - 127
EP - 155
SN - 2982-5903
AB - Recently, the market-oriented reform for government public utilities through franchise model is favored by government at all levels, and it has made great progress. The franchise contract is a new type of contract that regulates the rights and obligations, and rationally distributes risks. In the meanwhile, it is an important evidence to effectively solve the franchise disputes. However, unfortunately, the franchise contract, as a new type of contract, is still under the grey zone in China's legal system. It has not been definitely defined by contract law, administrative law, or economic. In practice, the legal property about franchise contract has not been formed consensus in China’s academic circles. Besides, the specific provisions for the contract signing, the basic rules for the contract performance, and the resolutions for the contract violation are still under ambiguities. What should be defined is, whether the franchise contract is definitely and reasonably related with the success of the government public utilities or not. Considering the questions aforementioned, this paper views from the pubic utilities franchise contract, and specifically focuses on the research about the main problems recently existing in China, such as legislative conflicts, contract duration, government guarantees, pricing mechanisms, and risk sharing, to effectively regulate franchise contract, release the capital conflict between government and society, and improve the relevant legal system. Keywords:
KW - government public utilities;franchise contract;risk sharing;government guarantees;pricing mechanism.
DO - 10.31839/ibt.2018.04.21.127
ER -

CHEN DAPENG and CHEN JUNHENG. (2018). Legal Review of China's Public Utility Franchise Contracts. Journal of International Business Transactions Law, 21, 127-155.

CHEN DAPENG and CHEN JUNHENG. 2018, "Legal Review of China's Public Utility Franchise Contracts", Journal of International Business Transactions Law, no.21, pp.127-155. Available from: doi:10.31839/ibt.2018.04.21.127

CHEN DAPENG, CHEN JUNHENG "Legal Review of China's Public Utility Franchise Contracts" Journal of International Business Transactions Law 21 pp.127-155 (2018) : 127.

CHEN DAPENG, CHEN JUNHENG. Legal Review of China's Public Utility Franchise Contracts. 2018; 21 : 127-155. Available from: doi:10.31839/ibt.2018.04.21.127

CHEN DAPENG and CHEN JUNHENG. "Legal Review of China's Public Utility Franchise Contracts" Journal of International Business Transactions Law no.21(2018) : 127-155.doi: 10.31839/ibt.2018.04.21.127

CHEN DAPENG; CHEN JUNHENG. Legal Review of China's Public Utility Franchise Contracts. Journal of International Business Transactions Law, 21, 127-155. doi: 10.31839/ibt.2018.04.21.127

CHEN DAPENG; CHEN JUNHENG. Legal Review of China's Public Utility Franchise Contracts. Journal of International Business Transactions Law. 2018; 21 127-155. doi: 10.31839/ibt.2018.04.21.127

CHEN DAPENG, CHEN JUNHENG. Legal Review of China's Public Utility Franchise Contracts. 2018; 21 : 127-155. Available from: doi:10.31839/ibt.2018.04.21.127

CHEN DAPENG and CHEN JUNHENG. "Legal Review of China's Public Utility Franchise Contracts" Journal of International Business Transactions Law no.21(2018) : 127-155.doi: 10.31839/ibt.2018.04.21.127