Research On The Legal Regulations Of B&B Online Short-term Rentals In China

In recent years,the new online short-term b&b rental is booming in China,but it also puts forward a new proposition to the existing legal framework.The online short rent of b&b involves a complex legal relationship,and there are different transaction structures under different business operation modes.Due to the different legal requirements for short online rent of homestay in different regions,there are great differences in the exploration and implementation of regulatory measures,leading to the dilemma of insufficient or excessive regulation.B&B online short term rent refers to the short term lease of the vacant house or the space in the house that the B&B provider or platform directly ACTS as the operator to lease the vacant house or the space in the house that they have the ownership or the legal right to use through the online platform.The actual operators of B&B communicate with the short-term renters on the platform,and the short-term renters complete the transaction behavior by checking in offline.B&B online short rent is a new type of business under the background of sharing economy.The business operation modes can be divided into C2 C mode,B2 C mode and C2B2 C mode.From the perspective of the current situation of legal regulation on short online rent of homestay in China,the state has not issued special legal regulations for direct regulation,and local governments mainly regulate the short online rent of homestay through issuing guidance and standardization,and lack of regulation on the short online rent of homestay and its platform.Based on their law enforcement difficulties,local law enforcement authorities have explored various regulatory measures,such as the mode of "one row,two whole and three standards" in gongshu district of hangzhou city and the mode of "keqiao" in keqiao district of shaoxing city.Through combing legal policy norms and local exploratory practice found that the home stay facility short online rental laws regulating the following main problems: short home stay online rental of regulation legal basis is insufficient,market access and exit mechanism is imperfect,platform,the defect of credit evaluation system,short rent easy consumer rights and interests are violated,the administrative supervision system is inadequate.These problems have hindered the development of the new online short-term B&B.Through comparative analysis,it is found that the legal regulations on online short rent can provide a useful reference for China.In view of the main problems existing in the online short rent legal regulation of B&B in China,in combination with the actual situation of our country,we should improve the following aspects: In the path of legal regulation,we should provide the legal basis for the regulation of online short rent of B&B by perfecting the relevant rules of e-commerce law and introducing the administrative measures of local dormitory administrators.Through setting the market access threshold and establishing the operator's market compulsory exit system,gradually improve the B&B online short-term rent market access and exit mechanism;The defects of the platform's credit system can be solved by clarifying the platform's self-regulation,setting up a third-party credit evaluation institution and establishing an industry credit punishment mechanism.By strengthening the responsibility of the platform,broadening the relief channels for consumers' rights protection,and enforcing the landlord liability insurance,we can protect consumers' legal rights and provide strong support for consumers' rights protection.By innovating the concept and tools of supervision,clarifying the objects and contents of supervision,and adopting the mixed regulation model of "cooperative supervision +self-regulation",the current administrative supervision system of shortonline rental of B&B is improved.