Institutions Constraint And Damage To Consumers' Rights And Interests In Sharing Economy

The sharing economy has achieved rapid development by leaps and bounds in China,but it has also brought a series of practical difficulties and conflicts of interest.Among them,the damage of consumer's rights and interests are not only directly related to the personal rights and interests,but also indirectly affect their sharing experience and consumption confidence as consumers of the sharing economy,restricting the sustainable development of the sharing economy in China.Therefore,exploring the mechanism of consumer's rights and interests in the sharing economy has important academic value and practical significance.This article takes the online car-hailing service market of the D platform in the travel field of sharing economy as a case,takes the institutional rules restricting the infringement of resource providers as the starting point to study institutional mechanism of the damage to consumer's rights and interests of the sharing economy in the current Chinese social environment.China's local sharing economy has socio-economic and cultural environment that is different from the idealized sharing economy,which constitutes the social background for the damage to consumer's rights and interests of the sharing economy in current China.This objectively existing difference of social background between Chinese and Western directly and indirectly restricts the behavior of sharing consumption practitioners through two culturally explicit forms of formal and informal institutions,and results in different restraint effects and corresponding rights and interests consequences.In the sharing economy,the mechanism of the occurrence of the the resource supplier's infringement that causes damage to consumer's rights and interests involves answers to three questions:Why does the resource supplier's infringement of consumer rights occur?How did it happen?and why does it happen.Answering to above questions from the perspective of institutional analysis constitutes the institutional explanation mechanism for the damage to consumer's rights and interests.In terms of content,it includes the institutional characteristics of the invalidation of institutional constraint,as well as the institutional factors that lead to the invalidation of institutional constraint and their mechanism of action,and explains the above three questions separately.The institutional characteristics of the invalidation of institutional constraint are the social root of the damage to consumer's rights and interests,and the institutional factors that lead to the invalidation of institutional constraints and their mechanism of action constitute the basic content of the invalidation of institutional constraint.The invalidation of informal institutional constraint in the sharing economy is closely related to the three characteristics of informal institutional content.These characteristics include the ?absence? of the ideal sharing consumption concept?the ?dislocation? of the traditional sharing consumption concept and the ?shaping? of the social business concept.They are all social construction products under the influence of China's macro social environmental factors,which together determine the content of informal institution in the sharing economy,trigger the invalidation of the informal institution to restrict resource suppliers,and become the social root of informal institutional interpretation mechanism of the damage of consumer's rights and interests.The institutional content that leads to invalidation of informal institutional constraint includes the sharing consumption concept with the supremacy of personal interests,the rights concept of that rights are not equal to responsibilities,and the lack of ethics and the infringement habits.They use different mechanisms to construct the cognition consistency of the actors,form subjective cognitions about the unequal relationship of the rights and interests and the responsibility,and transform them into infringement motives to influence the behavior choices tendency of actors in specific behavioral practices.The rational choice of platform in the institutional implementation,the path dependence in the institutional establishment and implementation,and the asynchronous dilemma in the institutional establishment and implementation are the characteristics of the establishment and implementation of the institution of the invalidation of formal institutional constraint in the sharing economy.They are also the products of social construction under the action of macro social environmental factors,which together determine the establishment and implementation of formal institution in the sharing economy,trigger the invalidation of formal institution to restrict resource suppliers,and become the social root of formal institutional interpretation mechanism of the damage to consumer's rights and interests.The establishment and implementation of institution that lead to the invalidation of formal institution constraint include three links: institutional establishment,institutional execution,and supervision to institutional execution.In the link of institutional establishment,the institutional establishment that causes the invalidation of formal institutional constraint include the ?abnormality? of sharing consumption behavior and the ?excessive? access rules.In the link of institutional execution,the institutional execution that causes the invalidation of formal institutional constraint include the?separation of name and reality? of the preventive measures and the ?different punishments? of the infringement penalties.In the link of supervision to institutional execution,the supervision to institutional execution that causes the invalidation of formal institutional constraint include the ?penalty management? and the ?Campaign-style law enforcement?.They use different mechanisms to cause resource providers to choose infringement under the influence of infringement motives,which causes damage to consumer's rights and interests.Based on the above research findings,this article believes that the phenomenon of damage to the consumer's rights and interests in the development of Chinese sharing economy is essentially a problem of institutional constraint effect,and is inevitable consequence of resource supplier's infringement caused by the invalidation of institutional constraint.This kind of invalidation of the institutional constraint has different institutional characteristics,institutional factors,and mechanism of action in the two dimensions of formal and informal institutions,which together constitute an institutional interpretation mechanism for damage to consumer's rights and interests.This interpretation mechanism not only helps us to clarify the mechanism association between institutional constraint and consequences of rights and interests,but also reminds us to transcend specific institutional factors of the issues of rights and interests,and explore the deep-seated social root affecting the issues of rights and interests in the grand background of social environment in the current Chinese.