Research On Legal Regulation Of Shared Accommodation Format

As one of the typical examples of the sharing economy,sharing accommodation relies on the Internet platform to efficiently match the supply and demand of idle resources,temporarily transfer the right to use the house,and everyone can participate and obtain certain benefits.The legal relationship involved includes three parties.i.e.platforms,hosts and tenants.Sharing accommodation is significantly different from the traditional bilateral transaction mode.Therefore,it is not fully applicable to the supervision mode of hotel industry or rental industry.For emerging formats,we can formulate supervision plans from top-level design,local regulation and industry selfdiscipline.In terms of top-level design,we can draw lessons from the regulatory ideas of online car-hailing to stipulate the access standards and administrative registration systems of platforms,hosts and tenants in the shared accommodation format,and introduce regulations that can be used across the country to provide a superior legal support for the local normative documents in various places.In addition,on the basis of drawing on the regulatory elements of the hotel industry,the host can be required to apply for a business license,perform identity verification and intelligent registration of tenants,and guide the host to install a shared accommodation management system;Drawing on the regulatory elements of the leasing industry,the host and the platform are required to jointly undertake the obligation of "suitable rent" for housing,and guide the landlord to sign the public security responsibility guarantee.In terms of local normative documents,at present,public security organs mostly make provisions on the public security management and registration of online booking rooms,and the main body of issuance is single,ignoring the role of the housing construction department and the online information department in the formulation of normative documents of shared accommodation formats;In the aspect of making and issuing procedures,the openness and public participation are not enough,and there is the status quo that opinions are not solicited or become a mere formality;There are some problems in the review mechanism of normative documents,such as different standards,neglect of rationality review and insufficient public participation in the review.Industry self-discipline is an effective supplement to the legal regulation of shared accommodation format.However,there are still some problems for the platform,such as unreliable audit mechanism and loopholes in online security.It is necessary for the platform to enrich user portraits by introducing multiple credit data to reduce the occurrence of dishonesty,and take measures to ensure the authenticity of the evaluation system,so that users can trust the "guarantee" function of the platform more;For industry associations,there are still some problems,such as small number,small impact,and lack of industry standards and norms.Moreover,the existing local standards and group standards mostly use homestays as a cut-out to stipulate the participants,houses,facilities and other aspects,and lack of wide applicability.Therefore,it is necessary to set up a shared accommodation industry association as soon as possible,attract legal and compliant shared accommodation landlords to enter,enhance their influence,and carry out joint activities among associations to promote the establishment of industry standards and provide support for the development of shared accommodation formats.