Research On The Legal Supervision Of China’s Homestay Sharing

The rising of sharing economy is affecting people’s consumption mode and quietly changing people’s life.Sharing economy refers to the using of modern technology such as the Internet.The main features are the combination of economic activities that integrate massive and decentralized resources to meet diverse needs.The sharing economy is not just a business model in which traditional goods or services are operated on a shared trading platform.To a certain extent,it blurs the boundary between commercial subjects and civil subjects.In a few short years,the sharing economy involves industries such as finance,car rental,short lease,and so on,which at the same time bring convenience to the public.It also challenges the traditional regulatory model with government as the main body.Homestay Sharing is a mode of accommodation in Sharing Economy.It means that the urban and rural dwellers using the Internet sharing platform to release their housing information,which is own or legally occupied residential,the demander selects the information,and through the platform give the provider some or the whole cost in days.The concept of homestay sharing has a broad and narrow sense.The homestay sharing in the broad sense includes B2 C model and C2 C model,and the homestay sharing for the narrow sense only refers to the C2 C model.The C2 C mode of homestay sharing is a typical Sharing Economic business mode that is consistent with the original intention of Sharing Economy.This paper adopts the narrow concept,only research supervision legal system of homestay sharing in the mode of C2 C.The essence of Homestay sharing is more in line with the essence of commercial behavior.In C2 C business model,resource provider and shared short lease platform are not the same subject.This tripartite structure is different from the tripartite structure formed in the shared transaction of transfer of ownership,and different from the legal status of the provider of the network platform in our country.It is also different from the legal status of the intermediary as stipulated in the contract Law of our country.Different from the other forms of sharing economy,the subject matter of homestay sharing is the real estate,and the location of the real estate is the transaction occurred,which can promote the development of the real economy.Homestay sharing with local characteristics can not only meet the growing requirements of consumers,it can be said that it is a new way to promote the development of the real economy.From this point of view,it is in line with the strategic requirement of "vigorously developing the real economy",put forward by 19 th CPC National Congress of the Party.In the short span of three years,various ministries and commissions of the State Council have issued nearly 10 normative legal documents to promote the development of the sharing economy and the industry of short-term rental.However,it is the traditional piecemeal regulatory system that still plays a role in the actual supervision of the homestay sharing.Most of the legal norms promulgated by the ministries and commissions of the State Council are guiding norms.The regulatory role played in the development of homestay sharing is very little.The research purpose of this paper is to explore the problems,which existing in the supervision system of homestay sharing,and in innovation driven development under the idea of trying to put forward the solution proposal.The article mainly adopts the methods of comparative analysis,empirical research and so on.This article is composed of the introduction,the text and the conclusion,and the text is divided into four parts.The first part outlines the basic theories of homestay sharing and defines the concept of homestay sharing supervision.First,from a legal point of view on the concept of homestay sharing,which to make the legal nature of homestay sharing and analyzes the difference between it and similar concepts based on the analysis of the legal relationship of homestay sharing.Secondly,it defines the connotation of homestay sharing supervision,and analyzes supervise object and the method of supervision.Then,it stated the necessity of supervision.The second part elaborates the regulatory status of legal system and problems in China’s homestay sharing.Based on the present situation of the legal system of homestay sharing,the problems in the legal system of homestay sharing supervision in our country are summed up the aspects of the system level of the laws and regulations,the credit supervision and the supervision of the tax law and so on.The third part lists the legal supervision systems of the leading countries in homestay sharing,mainly including the United States,the United Kingdom,and Japan.Through the comparison of the regulatory systems in these three countries,it sums up the useful experience for our homestay sharing supervision.The fourth part,through the combing and summarizing of the previous three parts,recognizes the deficiency in the legal supervision systems,and finds out the legal issues in the promotion of its development.Based on the useful experience of foreign countries and combining with the objective reality of our country.We have tried to put forward several immature suggestions: in the first,improve the law and regulation supervision system of the homestay sharing;in the second,establish a diversified supervision subject;in the third,improve the supervision content and supervision mode of the homestay sharing;in the fourth,strengthen the supervision ability of the sharing;in the fifth,establish the perfect credit supervision and the tax collection system.