What does it mean to belong to a commercial contract dispute?
1. What do you mean by the dispute over the affiliated operation contract? Disputes over affiliated business contracts refer to civil disputes in which citizens, legal persons or other organizations reach an agreement with the other party (affiliated unit) in order to obtain better business qualifications, vouchers, credibility or preferential policies of the state, conduct business activities in the name of the other party's business qualifications, vouchers or names, and pay certain remuneration or "management fees" to the other party. Affiliated management is a phenomenon in a specific historical period, which is no longer allowed at present. In practice, there are many forms of affiliated operation, such as construction teams affiliated with construction companies and individual vehicles affiliated with qualified taxi operating companies. There are no special provisions on affiliated operation in the current law, and most of the relevant provisions are scattered in departmental regulations. Affiliated management is a phenomenon in a specific historical period, which is no longer allowed at present. Two. Article 2 of the applicable law "Opinions of the Ministry of Finance of People's Republic of China (PRC), the State Administration for Industry and Commerce, the State Economic and Trade Commission, and State Taxation Administration of The People's Republic of China on Cleaning up and Screening" Affiliated "Collective Enterprises" stipulates the scope of work for cleaning up and screening "affiliated" collective enterprises. "According to the relevant provisions of the national assets and capital verification of urban collective enterprises, they are registered as urban collective enterprises in the administrative departments for industry and commerce at all levels, but the source of funds is mainly investment, joint venture and cooperation by individuals or state-owned enterprises (units), and their existing property constitutes non-collective ownership. Enterprises that pay a certain management fee (affiliated fee) and are temporarily managed, entrusted or' affiliated' by relevant competent departments, enterprises (units) and social organizations are all within the scope of this clean-up and screening work. These include: (1) enterprises registered as collectives but actually private (or individual). (two) registered as a collective but actually a state-owned enterprise. (3) Individual joint ventures or partnerships registered as collectives but actually organized and operated by private investors. (4) A state-owned joint venture, cooperative enterprise or joint venture registered as a collective but actually invested by a non-state-owned economy, state-owned enterprise or unit. (five) registered as a collective but in name only, the relevant' affiliated' departments, enterprises and social organizations have not urged the cancellation of registration in the administrative department for industry and commerce, but they still bear the management responsibility. (six) all kinds of' affiliated' social organizations or institutions that are registered as collectives but do not have the qualifications of enterprise legal persons. (seven) registered as a collective, but the original competent department, enterprises (units) and social organizations have been revoked, merged, changed or transferred to other units for temporary custody. (8) All kinds of' private' enterprises and other types of' affiliated' enterprises registered as collectives but with unclear property rights. " Three. How to govern franchise contract disputes is essentially a contract dispute. According to the principle of Article 24 of the Civil Procedure Law, a lawsuit brought for a contract dispute shall be under the jurisdiction of the people's court of the defendant's domicile or the place where the contract is performed. In practice, the parties often reach an agreement on jurisdiction. If the people's court is legal and effective after examination and does not violate the provisions on exclusive jurisdiction and hierarchical jurisdiction of intellectual property cases (Yangpu District Court in Shanghai and Chaoyang District Court in Beijing), the jurisdiction court may be determined according to the agreement. Franchising refers to a contractual relationship between franchisor and franchisee. In this relationship, the franchisee provides or has the obligation to safeguard its interests in technical secrets and employee training in franchise activities; Franchisees are allowed to use trademarks, trade names, corporate image and working procedures. Enterprises owned or controlled by franchisees, but owned or invested by franchisees. Therefore, at present, related business contract disputes are not allowed, and there will be corresponding laws and regulations to control them, and the control of related enterprises is also very strict. The state requires major enterprises and companies to conduct self-discipline management, abide by national laws and regulations, and operate legally. As for the violation of legal boundaries, it is best not to appear, and we should always sort out the concept of law-abiding management.