Research On The Legal Status Identification Of Sharing Economy Service Provider

In recent years,the sharing economy has infiltrated into all aspects of public life along with the "internet plus".Sharing platforms like Didi APP and Meituan Takeaway have not only facilitated our lives,but also changed our trading methods.With the in-depth development of the sharing economy,more and more people have become one of the service providers of the sharing economy,and the labor tends to be more liberalized,fragmented and flexible.This new employment mode has brought new vitality to the economic development,but at the same time,it has also caused a big impact on the "dichotomy" system of labor subjects in traditional labor relations.This makes people wonder how to strike a balance between further expanding the prosperity of the sharing economy and protecting the rights and interests of service providers in the sharing economy.To protect the legitimate rights and interests of such service providers,the first prerequisite is to complete the identification of their legal status.Therefore,starting from the basic theory of service providers in sharing economy,the author defines the relevant concepts of sharing economy,clarifies the factual legal relationship between different types of sharing platforms and service providers,and explores the reasons behind the dilemma of identifying service providers in sharing economy.Combined with the legislation and precedents of other countries,this paper compares the similarities and differences of service provider identification standards between civil law system and Anglo-American law system,and summarizes three identification paths of service provider in shared economy: establishing "the third kind of workers",expanding the scope of the concept of workers and refining the identification standards of subordination.On this basis,combined with the current situation of China’s labor legislation and sharing economy,we choose the path of reorganizing and refining the criterion of subordination of labor relations,and finally form a multi-factor criterion with personality subordination as the core and organizational subordination and economic subordination as auxiliary judgments.So as to achieve the goal of perfecting the relevant legal system and mechanism,so that the legitimate rights and interests of sharing economic service providers can be effectively protected by legal reality.