Legal Risk Research On Shared Economic Models

With the popularity of the Internet and smart mobile terminals,the use of big data and cloud computing has facilitated the development of sharing economy model from a technical perspective.Some well-known sharing economic platforms have emerged one after another,such as Uber,Airbnb,etc.,which have driven the rapid development of the sharing economy and swept the world.At present,on the one hand the exponential growth of the sharing economy model has exerted tremendous impact on the development of offline traditional businesses;on the other hand,people’s consumption concepts have been changed:the demand side has enjoyed more services through low expenditures by transferred through the temporary transfer of usage rights,the supplier will reap the benefits of idle resources.Therefore,it has practical value and practical significance to study the legal risks of the sharing economy model.In China,the Fifth Plenary Session of the 18 th CPC Central Committee proposed the “development of sharing economy”.The sharing economy model means to use the idle resources in society to re-enter the economic field for market transactions with the help of emerging information technologies,such as big data,cloud computing,and the Internet of Things,and to generate economic models and create social wealth.However,in the process of development,emerging business models will inevitably have some social problems.Some laws have not yet been regulated.For example,during the development of the sharing economy model,some burdens such as taxation and social security may be evaded.This constitutes an unfair competition for the traditional economy.Due to the timely and effective screening of the information collected on the platform,it may infringement of consumer interests.At the same time,due to legal gaps,it is hard to clarify the subject of liability;in addition,the characteristics of the shared economy model reliance on big data may lead to a series of problems:such as the use of big data to gain industry monopoly status and create an industry barriers,accumulated massive supply and demand data may reveal personal privacy or other interests,and may even have an impact on national security.When faced with new things,regulators need to experience a certain period of time to understand the regulatory object,and the lagging of the law also brings some problems for the government’s supervision and court’s judgment;in addition,because of the law of internal subjects in the sharing economy model is unclear characterization and unclear definition of powers and responsibilities,so there are many legal risks in the sharing economy model,and the supervision,prevention,and control of these risks are also legal problems.Faced with the legal risks and a series of legal problems of the sharing economy model,this article will analyze the concepts and characteristics of the sharing economy model,analyze its legal structure relations,and combine with the regulatory loopholes exposed by typical cases in practice.Share the economic model’s legal risk prevention recommendations to promote the healthy development of the sharing economy.