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最高人民法院发布7件商业特许经营典型案例_我的网站

A |     BRUSSELS -- Police in Belgium on Tuesday shot dead a suspected Tunisian extremist accused of killing two Swedish soccer fans in a brazen shooting on a Brussels street before disappearing into the night. Hours after a manhunt began in the Belgian capital, Interior Minister Annelies Verlinden told broadcaster VRT: “We have the good news that we found the individual.” She said that the weapon believed to have been used in the shooting was recovered.The federal prosecutor’s office was more cautious, saying in a text message to The Associated Press: “There are strong presumptions but no certainties” that the man was the shooter. He was shot by police in the Schaerbeek neighborhood where the rampage had taken place.Amateur videos posted on social media of Monday’s attack showed a man wearing an orange fluorescent vest pull up on a scooter, take out a large weapon and open fire on passersby before chasing them into a building to gun them down.“Last night, three people left for what was supposed to be a wonderful soccer party. Two of them lost their lives in a brutal terrorist attack,” Prime Minister Alexander De Croo said at a news conference just before dawn. “Their lives were cut short in full flight, cut down by extreme brutality.”De Croo said his thoughts were with the victims’ families and that he had sent his condolences to the Swedish prime minister. Security has been beefed up in the capital, particularly around places linked to the Swedish community in the city.“The attack that was launched yesterday was committed with total cowardice,” De Croo said. Not far from the scene of the shooting, the Belgium-Sweden soccer match in the Belgian national stadium was suspended at halftime and the 35,000 fans held inside as a precaution while the attacker was at large.Prosecutor Eric Van Duyse said “security measures were urgently taken to protect the Swedish supporters” in the stadium. More than two hours after the game was suspended, a message flashed on the big stadium screen saying, “Fans, you can leave the stadium calmly.” Stand after stand emptied onto streets filled with police as the search for the attacker continued.“Frustrated, confused, scared. I think everyone was quite scared,” said Caroline Lochs, a fan from Antwerp.De Croo said the assailant was a Tunisian man living illegally in Belgium who used a military weapon to kill the two Swedes and shoot a third, who is being treated for ”severe injuries."Federal Prosecutor Frederic Van Leeuw described how the suspect, a 45-year-old man who wasn't identified, had posted a video online claiming to have killed three Swedish people. The suspect is alleged to have said in the video that, for him, the Quran is “a red line for which he is ready to sacrifice himself.”Sweden raised its terror alert to the second-highest level in August after a series of public Quran-burnings by an Iraqi refugee living in Sweden resulted in threats from Islamic militant groups.Belgian prosecutors said overnight that nothing suggested the attack was linked to the latest war between Israel and Hamas.Police overnight raided a building in the Brussels neighborhood of Schaerbeek where the man was thought be staying but did not find him. Sweden’s foreign ministry sent out a text message to subscribers in Belgium asking them “to be vigilant and to carefully listen to instructions from the Belgian authorities.”According to Justice Minister Vincent Van Quickenborne, the suspect was denied asylum in 2019. He was known to police and had been suspected of involvement of human trafficking, living illegally in Belgium and of being a risk to state security.Information provided to the Belgian authorities by an unidentified foreign government suggested that the man had been radicalized and intended to travel abroad to fight in a holy war. But the Belgian authorities were not able to establish this, so he was never listed as dangerous.The man was also suspected of threatening a person in an asylum center and a hearing on that incident had been due to take place on Tuesday, Van Quickenborne said.Belgian Asylum State Secretary Nicole de Moor said the man disappeared after his asylum application was refused so the authorities were unable to locate him to organize his deportation.A terror alert for Brussels was raised overnight to 4, the top of Belgian's scale, indicating an extremely serious threat. It previously stood at 2, which means the threat was average. The alert level for the rest of the country was raised to 3. De Croo said that Belgium would never submit to such attacks. “Moments like this are a heavy ordeal," he told reporters, "but we are never going to let ourselves be intimidated by them.” ___Associated Press writer Sam Petrequin contributed to this report.。    　　讯 最高人民法院8月12日发布7件商业特许经营典型案例，引导和规范经营主体诚信合规经营，促进特许经营健康有序发展。　　商业特许经营（以下称特许经营）俗称“加盟连锁”，是指拥有注册商标、企业标志、专利、专有技术等经营资源的企业（以下称特许人），以合同形式将其拥有的经营资源许可其他经营者（以下称被特许人）使用，被特许人在统一的经营模式下开展经营并支付费用的经营活动，常见于餐饮、零售、酒店、教育培训、快递物流、美容美发等民生领域。

B | 从司法实践看，特许人夸大宣传、盲目扩张，被特许人忽视风险、跟风投资等问题一定程度存在，矛盾纠纷日益增多。

C | 　　最高人民法院发布的这批案例具有以下特点：　　一是准确认定特许经营法律关系。特许人为规避《商业特许经营管理条例》的适用，经常将特许经营合同拆分为数份合同或包装为其他类型合同。案例一中，人民法院穿透合同外在形式，审查当事人之间的权利义务关系是否符合特许经营的法律特征，依法认定当事人之间成立特许经营合同关系，为特许经营合同性质的认定提供了明确指引。　　二是依法保障被特许人合法权益。在特许经营活动中，特许人与被特许人信息不对称、签约能力不对等，被特许人处于相对弱势地位，容易发生权利义务失衡。案例二中，虽然涉案合同未明确约定被特许人在特许经营合同订立后一定期限内可以单方解除合同（俗称“冷静期”条款），但人民法院明确被特许人享有的“冷静期”单方解除权属于法定权利，被特许人可以在经营资源尚未被实际利用的合理期限内依法行使。案例五中，特许人在合同履行期间被撤销备案资格，履约能力明显弱化，人民法院依法支持了被特许人解除合同的诉请。　　三是督促特许人全面履行法定义务。特许人开展经营活动应当遵守《中华人民共和国民法典》《商业特许经营管理条例》等法律规范。案例三中，特许人系个体工商户而非企业主体，不具备特许人法定资格，人民法院认定其作为特许人签订的特许经营合同无效，有助于遏制无资质主体违规开展加盟活动。案例四中，特许人进行虚假宣传使被特许人产生错误判断，人民法院认定特许人的行为构成欺诈，依法撤销涉案合同，对“套路加盟”行为进行有效规制。　　四是严厉打击特许经营领域违法犯罪行为。对于特许人存在传销、诈骗、违规营销等违法行为，充分运用行政执法、刑事司法手段，强化特许经营领域综合治理。案例六中，特许人在不具备“两店一年”条件的情况下违规开展特许经营活动，被商务主管部门予以行政处罚，人民法院依法认定行政行为符合法律规定。案例七中，被告人在不具备特许经营资质及特许经营资源的情况下，诱骗被害人签订加盟合同、骗取加盟费，人民法院认定被告人构成合同诈骗罪，有利于从源头上防范矛盾纠纷的发生，引导市场主体诚信守法经营。　　下一步，人民法院将充分发挥审判职能作用，不断完善特许经营案件裁判规则，助力营造市场化、法治化、国际化一流营商环境。版权申明：凡注有“”或电头为“”的稿件，均为独家版权所有，未经许可不得转载或镜像；授权转载必须注明来源为“”，并保留“”的电头。    。

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