Research On The Legal Regulation Of Homestay Online Operation

As the representative of sharing economy in the field of accommodation,Homestay attracts the attention of the majority of tourism consumers.Relying on the development of Internet platform economy,Homestay online operation has gradually replaced the traditional operation mode and becomes the main form of Homestay business.This paper uses case analysis,normative analysis and other research methods,taking two administrative litigation cases of Homestay online operation as an example,analyzes the current problems in the unclear legal nature of Homestay online operation in China,the imperfect legislative norms and the resulting problems in the supervision of Homestay online operation.On the basis of distinguishing the similar concepts,this paper analyzes the legal characteristics of Homestay online business behavior.Based on the analysis of the existing legislative norms,legal supervision concepts and supervision methods of the online operation of Homestay in China,this paper puts forward corresponding suggestions on improving the legislative norms and legal supervision of the online operation of Homestay.This paper includes five parts:The first part is about the related cases and focus issues of Homestay online operation.It starts with two cases of Homestay online operators appealing for cancellation of administrative penalty.Through the case analysis,it summarizes the three problems reflected in the cases: unclear legal nature,imperfect legal norms and inadequate legal supervision.The second part is the analysis of the legal nature of Homestay online operation.It briefly analyzes the related concepts and business models of Homestay online operation,compares the similarities and differences between Homestay online operation and traditional hotel operation and commercial housing leasing,and summarizes the legal characteristics of Homestay online operation,such as the diversity of subjects,platform dependence,resource compensation and content integration.The third part is the analysis of the legal regulation of Homestay online operation.This part combs the current legislative norms of Homestay online operation,summarizes the main contents of relevant legal norms,and sums up the problems of imperfect legal norms and inconsistent market access standards in Homestay online operation.The fourth part analyzes the legal supervision of Homestay online operation,starting from the current situation of supervision,and puts forward three problems in the legal supervision of Homestay online operation,namely,the lag of supervision concept and mode,and the lack of self-regulation.The fifth part is the suggestion of improving the legal regulation of Homestay online operation.In view of the problems existing in the legislative specification of Homestay online operation,this part puts forward suggestions to improve the local legislation and relax the market access standards of the Homestay online operation.For the problems existing in its legal supervision,this part puts forward suggestions to change the supervision concept,strengthen the self-discipline supervision of the residential and residential platform,and build the multi-coordination supervision mode of the online management of the residential accommadation.