On The Economic Law Regulation Of The Operators Of Shared Home Stay In China

With the rapid development of Internet economy,sharing economy has become the mainstream.The development of sharing economy has subverted people’s traditional cognition,and also innovated the traditional mode of market exchange: the value rank of right of use and right of domination.Shared home stay is a typical representative of the accommodation industry under the sharing economy.While the sharing economy has made great contributions to the field of home stay,it has also brought great challenges to the field of home stay.The development of shared home stay in China has experienced four stages:from 2010 to 2012,it is in the embryonic stage,and the social recognition of emerging things is not high.During the growth period from 2013 to 2014,the market gradually accepted the new residential transaction mode of shared home stay.From 2015 to 2016,in the outbreak period,home stay enterprises have found their own operation mode while seeking differentiated competition.Since2017,it is still in the mature stage,and the shared home stay has gradually become the preferred accommodation mode for business travel and vacation.The operators of shared home stay are the main body of home stay sharing.The operator of shared home stay refers to the individual or organization that provides housing to meet the needs of consumers through the platform of shared home stay and deals with consumers.The research on the economic law regulation of the operators of home stay in China is beneficial to protect the legitimate rights and interests of consumers,provide a useful exploration for reversing the unfair competition among industries,and provide practical basis for the development of sharing economy in other fields.By combing the current situation of economic law regulation on the operators of shared home stay in China,we can find that on the basis of the existing laws,the central and local governments have issued a series of normative documents,and the law enforcement departments have also made some achievements in the actual regulatory activities.However,there are still many deficiencies in the economic law regulation of home stay operators in China,which are mainly reflected in the unclear access and exit standards,imperfect regulatory system and mechanism,lack of a complete credit system,difficulties in tax collection and management,and serious external problems.These problems,to a large extent,hinder the development of the new business form of shared home stay.This paper summarizes and summarizes the practical experience of the economic law regulation of home stay operators in China,and draws lessons from the experience of the United States,Britain,France,Japan and other countries in implementing the registration system in advance,limiting the operating time of the operators,improving the tax system of the operators,and playing the regulatory role of the platform The countermeasures and suggestions to improve the economic law regulation of the operators of home stay in China are as follows: firstly,improve the access and exit system of the operators of home stay,including the implementation of the "full-time" and "part-time" classification access system and the establishment of a unified market exit system;secondly,improve the supervision mechanism of the operators of home stay,including the establishment of inter departmental leading group led by the government and the operation of shared home stay operators As an important regulatory content,build a new regulatory model big data regulatory model;third,build a complete credit supervision system,including the establishment of a margin system,clear credit supervision responsibility of the shared home stay platform,increase the illegal and dishonest cost of the operators of home stay sharing,and introduce a third-party credit evaluation agency led by the government;fourthly,improve the tax collection and management The system includes mastering the tax related information of home stay operators through the home stay platform,defining the tax items and tax rates according to the income nature of the home stay operators,selecting the fixed residential location of the home stay operators as the tax paying place,and improving the tax compliance of the home stay operators;fifthly,reasonable planning to reduce externality.On the one hand,different business hours are set for different regions.On the other hand,based on the residential land use planning,the transaction land that is allowed to be shared and the transaction land that is prohibited to be shared are distinguished.