Research On Administrative Law Regulation Of Online Short-term Rent

As a product of innovation in the era of shared economy,online short-term rent has been flourishing since its inception.There are hidden problems behind it,such as tenant security,landlord information protection,unfair competition,etc.,which brings pressure and challenges to government supervision.And regulation is necessary.This paper makes a detailed analysis of the nature,characteristics and development of online short-term rent,and analyzes the shortcomings of China's online short-term administrative regulations in light of the current situation of China's administrative regulations.In theory,it is necessary to strengthen online short-term rent regulation,but it is necessary to gradually clarify the regulatory boundaries.The author believes that regulators should implement the responsive regulatory strategy stipulated in the Administrative Licensing Law and explore the deep value and theoretical basis of regulation.Furthermore,the theoretical conception of China's online short-term administrative regulations is outlined.The first chapter is "Overview of Online Short Term Rent".This chapter first clarifies the related concepts of online short-term rent.Online short-term rent refers to relying on the third-party Internet information technology platform to realize the temporary transfer of the use rights of scattered housing resources among dispersed individuals,and then share resources and make the best use of resources.A network operation mode.On the basis of explaining what online short-term rent is,further clarify its rise and development,and its legal relationship,and summarize the legal dilemmas currently facing online short-term rent.The second chapter is "the status quo and problems of China's online short-term administrative regulations." This chapter first analyzes the basis of the administrative regulations of online short-term rent in China.The administrative regulation system is the way of balance of interests under the conditions of market economy,and it is also an inevitable requirement of governing according to law.Secondly,it sorts out the practice of China's online short-term rent administrative regulations from the national level and the local level,and summarizes the shortcomings and reasons of China's administrative regulations.China's online short-term rent administrative regulations have shortcomings such as the lack of administrative laws and regulations,the single lag of regulatory measures,and the uncoordinated relationship between the government and the market.The third chapter is "the status quo and reference of the legal regulation of online short-term rent outside the territory." This chapter focuses on the regulation of online short-term rents in countries and regions outside the country,analyzes the regulatory legislation,regulatory methods,and regulatory tools in Taiwan,Japan,France,and the Netherlands,and absorbs the experience of advanced regulation.Institutional design provides a feasibility reference.The fourth chapter is "Recommendations for improving China's online short-term administrative regulations." Based on the experience of extraterritorial regulation,this chapter discusses the recommendations of the administrative regulations on online short-term rent from five aspects.First,establish the basic principles of the administrative regulations.Second,determine the strategy of response-based administrative regulations.The response-based regulation strategy seeks a balance between innovation and potential risks.It is a system embodied in the Administrative Licensing Law,which provides clear ideas for solving problems brought about by market innovation.Third,it clarifies the specifics of administrative regulations.path.In terms of system design,the author believes that we should choose a mixed regulatory path and give full play to the role of cooperative regulation and self-regulation.Mixed regulation can not only save the government's code-based costs,improve administrative efficiency,but also ensure that the government is timely and effective in dealing with some extreme problems.Fourth,determine the focus of the administrative regulations.The online short-term rental platform provides the trading medium for suppliers and demanders,which is the key to regulation.Fifth,the legislative proposals for improving the administrative regulations.There is no basis for the upper law to directly lead to the local legislation,and the most important step in the regulation is to start legislation at the national level.