Study On The Legal Issues Of Shared Economy

In recent years, with the Airbnb, Uber, Didi, Lengding Club for representative, the shared economic model enterprises rise rapidly in the world, it impacts and subverbts the traditional industry and also it is influencing and changing people’s producting and living way because of its special and creative deal structure and operational mechanism. Therefore, studying on the shared economic model has practical value and significance.Through practical investigation and empirical analysis methods, I find that the shared economic model is a kind of O2 O network operating model which depends on a third-party Internet information and technology platform(hereinafter I call it “shared platform”) to make the right of using the distributed spare resources(goods, services, capital, etc.) be transfered temporarily between individuals. The shared economic model bases on the structure of bilateral market whose core is the shared platform, its essence is temporarily transfering the right of using spare resources, and it emphasizes sharing between individuals, individual business. The shared economic model belongs to a kind of market innovation, however, for its self-development system is not perfect and laws are always lagging behind, so under the existing legal system does it become the legal problems in the aspects of the reliance interest protection of the demander, default payment risk regulation of the sharing platform, tort liabilities undertaken between the supplier and demander, subletting risk control of the supplier, illicit competition and unfair competition under price-driven regulation, personal privacy and information security protection, social and national security protection, etc.For said legal risks and legal problems under the market innovation of the shared economic model, it is necessary to make innovational legal systems, construct suitable legal systems to promote the healthy development of shared economy. At first, we need to define the legal status of participants of the shared economic model, clearly define the legal status of the trade subjects,including the supplier, the demander and the shared platform(Among them, for the legal status of the spare resource supplier, we need to take the distinguish standard to define) and their rights and obligations of the legal relationship, that is the basis to reduce legal risks and solve the legal problems under the shared economic model. Then we need to regulate the shared economic model: For taking responsive regulation strategies,we need to adhere to the concept of democracy and efficiency, and take the progressive, experiment and flexible regulation technology and methods to seek the dynamic balance between innovation and regulation; The government and the enterprises as well as the self-discipline trade organization should cooperate together to regulate, especially the local government should play the important role in this process; The direction should be focused on the shared platform, and through the legal regulations to the shared platform realizes the indirect supervision and regulation to the spare resources suppliers;Alao it is necessary to set up and improve the related basic regulatory mechanism in market access, taxation, insurance, personal information protection, safety review, etc. Through such system construction, it can effectively solves the legal regulation problems and related legal problems of the shared economic model, and provide certain ideas and implementation measures. Hope the shared economy will develop better and better.