A Study On The Protection Of Consumers’ Rights And Interests In The Operation Of Homestay

With the concept of "sharing economy" getting more and more popular,the rapid development of Internet technology and the popularization of mobile phones,the new accommodation industry,which relies on the third-party platform as the core,the home stay industry,emerged and flourished,becoming a new choice for people to seek "foothold" in traveling.However,since the rise of residential industry,many consumers’ rights and interests,such as personal and property security rights,have been exposed repeatedly damaged,and a series of consumer rights and interests events have begun to attract attention.As an emerging industry,the home stay industry should be encouraged and supported,but the issue of consumer rights and interests should not be easily ignored.Based on this point,from the perspective of protecting the rights and interests of consumers in the business activities of home stay,this paper studies and analyzes the particularity of the business activities of home stay from the perspective of law,and starts from the actual case,compares with the traditional hotel industry,summarizes the situation of various rights and interests of consumers damaged during the use of home stay products,explores the specific rights and interests of consumers and causes of damage,and puts forward the corresponding solutions To improve relevant management norms,the government determines special regulatory departments and forms a dual subject regulatory model,consumers protect their rights through online channels to reduce the cost of judicial proceedings,the platform to strengthen the supervision of operators,the establishment of national industry associations to strengthen industry self-discipline,and relevant departments to enhance consumers’ awareness of protecting their rights through knowledge popularization,so as to protect consumers’ rights and interests from damage Timely access to relief.The main body of this paper consists of the following four parts:The first part is the definition of home stay and home stay consumer rights and interests,and summarizes the particularity of consumer rights and interests protection in home stay business activities.First of all,the definition of home stay is discussed to get the characteristics of common cognition;secondly,the definition of the rights and interests of home stay consumers is defined by referring to the definition of consumers in the law of the People’s Republic of China on the protection of consumers’ rights and interests and the specific rights of consumers;finally,the particularity of the protection of consumers’ rights and interests in the business activities of home stay is concluded by comparing with the protection of traditional consumers’ rights and interests.The second part is from the actual case,through the comparison with the consumer rights and interests in the traditional hotel industry,it summarizes the situation that the right to safety,the right to know,the right to privacy and the right to fair trade enjoyed by the home stay consumers are more vulnerable to damage than the hotel industry when they use the home stay products.The third part is to analyze the causes of the damage to the rights and interests of the consumers in the operation of home stay.At the legislative level,the current management standards of the accommodation industry are not perfect,the industry boundary is fuzzy and the entry threshold is low,the corresponding accommodation business conditions are lack of regulations,and the insurance mechanism is lack to transfer the risk of compensation;in the aspect of government supervision,because there is no clear supervision subject,the multi-department supervision has disadvantages;in the aspect of judicial rights protection,most of the accommodation consumers consider rights protection In terms of cost and difficulty,we give up the right protection;in terms of industry self-discipline,because the accommodation industry has not been integrated into the unified management of the hotel association,nor established a national accommodation industry association,the industry system is incomplete,and some areas still lack industry self-discipline supervision;finally,we analyze the awareness and education of the right protection of the accommodation consumers themselves.The fourth part is the specific suggestions on the protection of consumers’ rights and interests in the business activities of home stay.In view of the problems and disadvantages described above,the following suggestions are put forward: first,we should improve the special legislation of the accommodation industry,clarify the access standards and operation standards,and innovate the insurance mechanism to transfer risks;second,the government should determine the special supervision department and form a dual subject supervision model;third,consumers should protect their rights through online channels to reduce the cost of judicial proceedings;second,we should strengthen the sub platform To supervise the operators,to undertake the responsibility of checking the operators’ information,to start the evaluation and punishment mechanism;then to establish a National Association for the accommodation industry to formulate industry standards,to strengthen the cooperation between the Association for the accommodation industry and the Consumer Protection Association;finally,the relevant departments should enhance the awareness of consumers’ rights protection through the popularization of knowledge.