On The Tort Liability Of The Operator Of The Homestay Short-term Rental Platform

Recently,the short-term rental platform of homestay has sprung up in the sharing economy mode,and its market share has doubled.But the corresponding also caused new social problems,However,the industry is still in the "gray area" of law,so the research on this subject has certain theoretical and practical significance.First of all,the paper introduces the problems from four classic cases,and explains the related concepts and characteristics.This paper compares and proves the legal relationship between the obligees of the short rent platform of home stay,and focuses on the relationship between the accommodation contract between the landlord and the tenant.Secondly,taking the safety guarantee obligation of the operators of the short-term accommodation platform as the research starting point,and according to the requirements of the risk control theory,the income risk consistent theory and the total cost saving theory,the rationality of the operators of the short-term accommodation platform as the responsibility subject is proved.In addition,it is more appropriate to apply the principle of fault liability to the operators of the short rent platform.Thirdly,through the analysis of the elements of tort liability of the operators of the short-term rental platform,it is considered that the operators of the short-term rental platform mainly take the form of indirect tort.In the judgment of the form of tort liability,it should be analyzed according to the different faults and causes of the platform operators and the perpetrators.The form of liability is different due to the form of tort.There are three types of Torts: joint torts,separate torts and joint torts,corresponding to joint and several liability,joint and several liability and supplementary liability.Among them,the combination of the infringement of the operator of the short rent platform and the direct aggressor constitutes the competing infringement,which is a common infringement phenomenon of the short rent platform,and also the focus of this paper,and draws the conclusion that the operator of the short rent platform should usually bear the supplementary responsibility.Finally,there are gaps in the application of law in various cases of infringement of the operators of the short-term accommodation platform at this stage.Therefore,it is necessary to strengthen the legislative connection and design a reasonable responsibility bearing mechanism.In order to reduce the occurrence of the security incidents of the short-term accommodation platform,it is suggested to clarify the content of the pre review obligation of the platform in law.