商业特许经营被誉为20世纪最成功的一种商业经营模式,自西方传入中国后,在我国多个行业有了快速的发展。由于商业特许经营的法律基础是特许合同,而在特许经营实践中,商业特许经营合同存在不同程度上的经营主体资格不合格,缺乏合同内容规范化的强制力,合同条款格式化,合同不依法备案,信息披露不真实、准确、完整以及在合同终止后还可能存在侵权行为等问题,为防范特许经营合同的法律风险,本文提出了审慎考察商业特许经营特许人主体资格,规范具体合同条款,对格式合同的处理,查阅特许人企业备案状况等防范对策,维护合同各方当事人的合法权益。 Commercial franchising has been hailed as one of the most successful business management models in the 20th century. Since the West came to China, it has enjoyed rapid development in various industries in our country. As the legal basis of commercial franchising is franchise contract, in franchise practice, commercial franchise contract has varying degrees of nonconformity of business entity, lack of coercive force of standardization of contract content, format of contract, and the contract is not filed according to law , The information disclosed is untrue, accurate and complete and there may be infringement after the termination of the contract. In order to prevent the legal risk of the franchise contract, this paper proposes to carefully examine the qualification of the franchisee and regulate the specific contract terms The handling of format contracts, access to the records of franchisees and other preventive measures to safeguard the legitimate rights and interests of all parties to the contract.