| The recent years have witnessed a rapid development of Chinese C2 C online short rent yet with a lot of troubles.This new industry brings many new problems which can't be or can't totally be solved by existent laws.Looking into the development of foreign Airbnb,however,Airbnb has finally struggled to push the present law to adapt to the situation.From the perspective of law,the thesis tries to examine the development of Chinese C2 C online short rent and discuss its particularity on legal regulation by analyzing the legal structure relationship.Further,numerous risks in the development will be sorted out and reasonable suggestions on legal regulation will be given according to experience home and abroad for purpose of the healthy and standard growth of Chinese C2 C online short rent.In addition to the introduction and conclusion the thesis is divided into four parts.Part one generally introduces the theory of online short rent.The part makes it clear the definition of online short rent as well as its legal characteristics,introducing that Chinese online short rent mainly includes B2 C and C2 C.After comparing the advantages and disadvantages of those two,the thesis selects C2 C as the object of study.The legal structure relationship of C2 C online short rent includes online short rent platform,the owner of the house and the tenant.Among them the owner and the renter forms landlord-tenant relationship while the online short rent platform forms bilateral agency relationship with the landord and the tenant respectively.The latter three parts are based on the analysis of the legal structure relationship.Part two focuses on the particularity of legal regulation on Chinese C2 C online short rent.The part makes a comparison between the legal regulation of Chinese C2 C online short rent and traditional renting laws.In C2 C online short rent,the renting contract between the landlord and the renter is irregular,and the medium between the landlord and the renter changes from the offline interviews and contracts into online photos and papers.The mechanism of feedback is also added to establish credit system with greater influence on market competition.The part also compares Chinese C2 C online short rent with traditional hotel industry.It is found that the nature of Chinese C2 C online short rent is not clear,the landlord's obligation is not as complete as that of operator,and the protection of rights of tenant is not as thoughtful as that of consumer.Part three makes an introduction on the difficulties of legal regulation on Chinese C2 C online short rent.The part analyzes the internal risks involved in legal regulation from internal legal structure relationship of Chinese C2 C online short rent.The internal risks are about the rights of tenant and loss of trust as well as interests,the disputes concerning the personal and property security of the owner of the house and house facilities damage,sublease of provider of idle house,alienation of responsibility of online short rent platform.The part also analyzes the external risks involved in legal regulation from external legal structure relationship.The external risks are about legalization to be realized,monopoly and unfair competition,personal privacy as well as information security.Part four perfects the strategies for the legal regulation of Chinese C2 C online short rent.The part firstly proposes idea about the legal regulation from the macro level,that is,to adopt the responsive strategy.In that case the government and industry associations will supervise cooperatively and exercise self-supervision.The part will further make advisable suggestions on the problems emerged in legal regulation of Chinese C2 C online short rent with reference to experience home and abroad. |
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