Research On Administrative Law Governance Of Sharing Economy Model

The emergence of the sharing economy has brought challenges to administrative law governance.Because of the innovative characteristics of the sharing economy that not only contains the beautiful social sharing ideals,but also brings great convenience to real life.From the perspective of sharing economy,our country’s government regulation,public service and its efficiency can be improved.However,the sharing economy is a new form of market economy,and market failures such as disrupting the order of competition and infringing on the rights and interests of consumers will also arise.It is necessary for the government to intervene legally and appropriately,which leads to administrative law governance.Innovative governance is needed to deal with many issues such as the sharing economy and how to manage it.The introduction part mainly introduces the themes of the changes of the administrative law governance system in the new era.This theme mainly includes the following aspects.Firstly,introduce the questions.The lagging nature of the administrative law,the adjustment of the relationship between the intervention of administration and the administrative rule of law under the reform of public administration,and the emergence of modern administrative theoretical innovation have prompted the study of related issues of administrative law governance from the perspective of the sharing economy.Secondly,an overview of existing research results.The current research situation is a summary and generalization of the existing research results.Although there are many research results related to the formation and content of the system,the issues related to the governance of administrative law in the new era still have a certain research value.Between the existing research results and the influence of new things such as the sharing economy,there is room for the development and improvement of the system.Thirdly,introduce the research ideas and methods of the thesis.The writing ideas is mainly to determine the innovation of administrative law governance from the perspective of sharing economy,and to feed back the improvement and development of related systems in the administrative law system.Follow the thinking,research methods such as empirical analysis and comparative analysis are used to analyze and solve problems.The main body of this article is divided into five parts.The first chapter aims to raise questions about the sharing economy and the administrative law governance innovations that it brings.The first thing to do is to clarify the connotation,characteristics and types of the sharing economy,and then explain the risks and positive effects of the sharing economy.At present,as an emerging economic model,the sharing economy is developing rapidly in our country.It demonstrates the characteristics of economy,technology,and publicity.It can be divided into market redistribution,product and service provision,and coordinated lifestyle,and so on.As a new development format and business model of the sharing economy,its potential risks are manifested in the unclear legal status of the platform,uneven service quality,information feedback and defects in trust mechanisms,etc.These risks have virtually increased their understanding and governance difficulties.However,despite the above risks,the sharing economy also has positive effects,such as helping to regulate the socialist market economy and assisting the supply of public services.Therefore,the sharing economy is an emerging carrier or realization path for improving government regulation and improving public services,is the "prime force" for the rule of law government to promote the payment of administrative rule of law.At the same time,administrative law governance under the sharing economy has encountered at least the following five major dilemmas,which are as follows: The first is the improper regulation and the insufficient regulation in the governance concept;the second is the lack of overall planning in the governance objective;the third is that the governance subject is manifested in the inability of the regulatory system to adapt to the converged environment of the Internet,and the fourth is the phenomenon of selective law enforcement in governance behavior;Fifth,the governance effect is counterproductive.The reason is that there is a certain creative damage to the administrative law governance of the sharing economy,and it has not fully taken into account the particularity of the sharing economy..The second chapter discusses the impact of the sharing economy on the governance model of administrative law.This impact is mainly reflected in the two major functions of government regulation and public service provision.Among them,the impact of the sharing economy on government regulation can be summarized as the multiple identities of the subject of regulation,the diversification of regulation subjects,and the breakthrough of regulation methods.To this end,a corresponding empirical was made on the related judicial cases and the dual mode of judicial review.The impact of the sharing economy on the supply of public services is implemented in the main body,methods and other factors of public service supply.The sharing economy is extended from the commercial field to the public field.This expansion has its necessity,legitimacy and feasibility.Therefore,a certain analysis was made to fully analyze this influence.The third chapter explains the choice of administrative law governance path under the sharing economy.First,it analyzes the motivations,goals and tasks of the dual governance path of administrative law under the sharing economy,and then points out the theory and method of the dual governance path of administrative law under the sharing economy.The reason for choosing the dual governance path of administrative law is that the limitations of the unified governance of administrative law,the innovation of the sharing economy,and the rational guidance provided by judicial wisdom have all contributed to the transformation of governance.For this reason,the goal of the dual governance path of administrative law is to realize the socialization of governance and the rule of law,which establishes the establishment of a modern service-oriented government,enhances the vitality of social development,improves administrative efficiency,realizes administrative democracy,and reduces administrative disputes.The theories and methods of the dual governance path of administrative law under the sharing economy are embodied in the modern service-oriented government theory,the theory of the rule of law in payment administration,and the theory of cooperative governance in the form of administrative behavior.In view of this,the main points of the reform of the dual governance path of administrative law in the sharing economy can be summarized as the renewal of ideas and principles,the construction of the system of subjects and responsibilities,and the normative system of behavior and models.The fourth chapter explores the issue of government regulation under the sharing economy.The specific system construction mainly includes the following three aspects: the renewal of government regulation concepts and principles,the diversification of regulation entities,and the diversification of regulation tools.The key to the renewal of government regulation concepts and principles lies in the transformation of concepts and principles.Moreover,establish the concept of co-construction,co-governance and sharing,the concept of boosting,the concept of hierarchical and classified regulation and the principle of tolerance.On the issue of the diversification of regulatory bodies,the complementarity of the government,enterprises,social organizations and even consumers at the structural and functional levels determines the path of collaborative governance.At the same time,the regulatory tools have shown multiple dimensions,especially when the development of the sharing economy breaks the regulatory system,the regulatory methods and tools have also changed.When choosing a regulatory tool,it is not only necessary to consider the deployment of regulatory tools on different regulatory bodies,but also the degree of coordination and integration between different regulatory tools.Among them,the algorithm regulation mechanism mainly uses the platform’s data collection and analysis capabilities to assess,prevent and control risks,and to ensure privacy and information security.The crowd management mechanism mainly exerts the feedback of users and crowds to achieve regulatory effects.The reputation mechanism originates from the platform’s crisis management of its own reputation.The administrative agency uses reputation management tools to remedy and repair the corresponding harmful consequences.The fifth chapter explores the mode of public service supply under the sharing economy.At present,the non-equalization of public service supply in our country is a major problem facing public service supply.The risk of public service supply in the sharing economy lies in the unbalanced development of public services,the legitimacy of the choice of governance methods and the use of tools,and the infringement of civil rights under efficiency standards.In view of this,the development of public service sharing mechanisms is promoted through cooperative governance,such as reshaping the power spectrum of public services,strengthening the governance responsibilities of administrative agreements,the supply of public products,and the provision of administrative subsidies,to fully demonstrate the fundamentals of publicity and realize the effective sharing of public power.The conclusion part succinctly pointed out that the sharing economy puts forward new requirements for the innovation of administrative law governance.The one-way administrative agency model should be discarded,with governance theory as the background and theoretical guidance,and the administrative law governance model under the sharing economy should be created as two-way dual governance.