| Sharing economy is booming.With the development of sharing economic model in modern society,a variety of new business models have appeared,such as the most popular sharing cycling,telecommunication,home sharing and so on.Although the emergence of new business model has changed people's traditional way of life,it faces a legal risk.Popped the legal dispute has erupted around emerge in endlessly,but some of the solutions is not reasonable,in spite that these solutions are legal.It is because that traditional law cannot solve the problems caused by the emergence of new things.The Sharing housing sector which this paper focuses on is also one of the problems above.Once disputation appears,paraphrasing traditional law model is not appropriate,because the legal relationship has been reconstructed.None of the existing models can be fully applicable.To keep pace with the Times,it is important to study new things.The research content is online trading platform provider's basic civil problem,hopely to discuss the research object systematically and fill in the blanks of academic research.The author believes that when the reasonable fits a pattern of the civil system,standardize the things more clear the rights and obligations,less legal disputes,will promote the rapid development of the Shared housing in our country.This paper revolves around this topic discusses the five aspects of problems.This thesis will discuss the related concepts and distinguish online trading,online trading platform,online home sharing platform providers and other related concepts,which laid a foundation for the subsequent discussion in the first chapter.The chapter two will discuss the legal status of online home sharing platform providers.Through analyzing the point of view of previous scholars and considering the reality,the author thinks that the legal status of online home sharing platform providers is not consistent with the model of the existing laws.It is more appropriate to regard it as a new type of mediation.The basic elements constituting the online home sharing platform providers include building and operating the network trading platform,being independent of both parties,investigating the land and the house more strictly,going through the network to complete the reservation.In the third chapter,the author will discuss the rights and duties of the parties in the online home sharing trade.From the two aspects of the contract and law,the rights and obligations of the parties is proposed in this thesis with innovation,especially the substantial examination obligation of platform provider which is particularly important to houses.The fourth chapter will discuss the civil liability of the online home sharing platform providers.The author analyzes and compares the existing models of the EU,the United States,Australia and China,and puts forward that the online home sharing platform providers should establish the responsibility system.Under normal circumstances the platform should bear the responsibility of fault.The platform needs to bear the faultless liability when it makes more favorable commitment to the consumer.The last part of this thesis will discuss the realization of the above conclusions,analyze and compare the laws and regulations,industry self-regulation,contract model text and other means and draw the conclusion that in China's actual situation taking the regulations as a carrier is a better choice. |
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