| Sharing economy has a long history.With the development of internet,GPS,big data technology and the emergence of sharing economy platform,the scale of this economic model is gradually expanding.Modern sharing economy refers to the sum of economic activities that use information technology to integrate and share a large number of scattered idle resources in order to provide temporary use rights to meet diversified needs.The operation mode of intermediary sharing economy platform is conducive to environmental protection and resource conservation,which is consistent with the concept of sustainable development and has attracted more attention.There are differences between the intermediary sharing economy platform and the traditional economic operator.Its operation mode transforms the two legal relations between the original operator and the consumer into three legal relations: the supplier,the platform and the demander.Its transaction object also changes from professional resources to idle resources,and the purpose of the transaction changes from ownership to usufruct,which leads to the law based on the traditional economy can't effectively regulate the intermediary sharing economy platform,and there are many problems in its operation.The existing research mainly studies the operation mode of the intermediary sharing economy platform from the perspective of economics.There are fewer studies from the perspective of law,mostly focusing on some type of intermediary sharing economy platform,and few from the perspective of the operation.This paper has certain research value.Based on the analysis of background and research value of the topic,this paper combs the relevant literature on the legal regulation of the operation of the intermediary sharing economy platform,and studies the legal regulation of the operation of the intermediary sharing economy platform by using the methods of interdisciplinary analysis,comparative analysis and historical analysis.Starting with the definition of the legal regulation of the intermediary sharing economic platform,this paper studies the qualification management system of supplier and demander,deposit system and insurance system,which have more common problems in the operation of intermediary sharing economy platform and have greater impact on the interests of stakeholders.On the basis of clarifying the main legal problems in each link,I put forward suggestions to improve the legal regulation of the operation of intermediary sharing economy platform in China.This paper can be divided into four parts except the introduction and conclusion.The first part is the second chapter of this article,which defines the legal regulation of the intermediary sharing economy platform.The purpose is to establish the basis for the following discussion.This article analysis the concept,characteristics and types of intermediary sharing economy platform.The intermediary sharing economy platform mainly includes two types: B2 P and P2 P.The B2 P model has little breakthrough to the traditional legal structure and can be regulated by the existing laws.The P2 P model takes small-scale idle resources as trading objects,which leads to a large number of non-professional resources entering the market.The supplier and demander are in an equal position.It breaks through the traditional legal structure greatly and needs to create new legal regulation measures.The legal attribute of intermediary sharing economy platform is not the intermediaries,Internet + traditional economic operators or information providers.Under the existing legal system,we can't find the corresponding types.The supplier and demander of the intermediary sharing economy platform have formed substantive leasing legal relationship.The platform has the obligation to pay to the supplier completely.Whether the two sides form employment relationship remains to be explored.The platform has the obligation to ensure the safety of products and services,and the deposit should be returned in time.The legal relationship between the platform and the external subject mainly includes the relationship of regulation and being regulated between the platform and the government,the relationship of taxation,the legal relationship of competition regulation between the platform and traditional enterprises and platforms,and the negative external impact of the platform on the non-participants.The second part is the third chapter of this article,namely,the operational characteristics of the intermediary sharing economy platform and its challenges to the existing legal regulation,which clarifies the research object and the necessity of introducing corresponding legal regulation measures.The operation mode of intermediary sharing economy platform is supplier(product/service)+ platform+ demander.Its characteristics mainly include the adoption of new technology platform,public participation,new changes in the concept of “using ownership” and “not using is waste”.The impact of this mode of operation mainly includes blurring the boundaries between private and commercial behavior,breaking the zoning strategy,discrimination and so on.Under this mode of operation,the main body of the transaction becomes the supplier,the platform and the demander,the object of the transaction becomes the idle resources,and the purpose of the transaction is to obtain the temporary right of use,which makes the application of the existing legal system difficult.It is necessary to introduce corresponding legal regulation measures based on the operational characteristics of intermediary sharing economy platform.The third part includes Chapter IV,Chapter V and Chapter VI.Based on the operation process of the intermediary sharing economy platform,this paper chooses several links which have more common problems in the operation of the platform and have a greater impact on the interests of the relevant people,and studies the main problems.The first is the access management of intermediary sharing economy platform and its qualification management system for both suppliers and demanders.Under the existing legal system,the access management system of intermediary sharing economy platform is too loose,and there is no classified management of platforms in different industries.It leads to the flooding of platforms in the market,resulting in waste of capital,disruption of social and market economic order,and impairment of the rights and interests of participants.The existing platform supplier qualification management system and product/service standards are determined by the platform,and the safety of products/services is difficult to guarantee.The supplier in the intermediary sharing economy platform is mostly individual,which has the characteristics of lack of experience,capital advantage,location advantage and so on.It is equal to the demander and has the necessity of implementing the demander's consumption qualification management system.The second is the deposit management system in the operation of the intermediary sharing economy platform.The operation mode of the intermediary sharing economy platform leads to the change of the legal attribute of the deposit from “one thing one mortgage” to “one person one mortgage”.The functions of the deposit in the operation of the intermediary sharing economy platform include performance guarantee function and trust building function.The problems caused by the deposit system mainly include the risk of fund accumulation and lack of supervision.Under the existing legal system,the demander cannot take the deposit back in priority when the platform goes bankrupt.Credit evaluation system can promote the establishment of trust between supplier and demander,reduce information asymmetry and promote the development of credit system.Credit evaluation system can eliminate the problems brought by the deposit system,which is most in line with the operation mode of the intermediary sharing economy platform,and has the feasibility of replacing the deposit system.The third is the insurance system in the operation of the intermediary sharing economic platform.The operation mode of intermediary sharing economy platform may bring greater risks to participants and third parties,and the risk-taking ability of product and service providers is low.Insurance system can disperse the risks arising from transactions and enhance trust in the platform.The insufficiency of the existing insurance system of the intermediary sharing economy platform mainly includes the complex procedures of purchase and claim settlement,which makes it difficult to apply to the transaction behavior of the small-scale and multi-frequency.To improve the insurance system of intermediary sharing economy platform,we should follow the idea of taking the operational characteristics of intermediary sharing economy platform as the basis and giving full play to the role of the platform in the construction of insurance system.The fourth part of this paper is the suggestions to improve the legal regulation of the operation of intermediary sharing economy platform in China,which is also the foothold of this paper.In view of the problems existing in the main links of the operation of intermediary sharing economy platform,the regulatory suggestions are put forward respectively.We should innovate the mechanism and tools of legal regulation on the operation of intermediary sharing economy platform in China.On the basis of cooperative regulation,we should adopt classified regulation,give full play to the role of information regulation tools,set up experimental legal regulation measures and introduce sunset clauses.Strengthen the access management of China's intermediary sharing economy platform and its qualification management obligations to both suppliers and demanders,reform the deposit and credit evaluation system in the operation of China's intermediary sharing economy platform,regulate the deposit management and refund,play the role of private credit agencies,and improve the evaluation system in the operation of the platform.We should construct the insurance system in the operation of China's intermediary sharing economy platform.The insurance nature is determined according to the degree of risk brought to the participants and the third party by the trading object of the platform,and the phased insurance system should be established according to whether the product participates in the transaction or not.Improve the insurance and compensation methods of platform operation insurance,and give full play to the role of the platform. |
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