Research Report on China Sharing Economic Regulation: In the past five years, online car proceedings have increased year by year, and the judicial focus has gradually shifted

21st Century Economic Herald Profile Reporter Zhong Yuxin Beijing Reporting

"Although my country's development in the field of sharing economy has achieved certain results, whether it is a format model or a legal regulation, the development of the sharing economy still faces new opportunities and challenges." Beijing Normal University Law School and Chengguanzhizhi The "Research Report on China Sharing Economic Regulations (2018-2022)" jointly released by Kuku pointed out that the sharing economy will not only continue to undertake the heavy responsibility of innovation and green development, but also achieve high-quality development. The emergence of a new format of the sharing economy is also a re -test of regulatory innovation capabilities.

The report includes four parts. The general report conducted an overall analysis of the development process and status of my country's sharing economy industry from 2018-2022, the process of sharing economic regulation and status quo, the future development of the sharing economy and the trend of regulation. The three sub -reports carried out key research on shared homestays, online ride -hailing, and shared car regulations.

The general report pointed out that since 2018, the sharing economy has entered a new stage of in -depth adjustment and maturity, government supervision has strengthened, and industry development has returned to rationality. The sharing economy has completed the "Sinicization", and has successfully developed a group of stable local sharing economy enterprises. With the advantages of Internet scientific and technological innovation, it has become a new momentum for social and economic development. Since the occurrence of the epidemic, the sharing economy has also played an important role in promoting employment and stable people.

On September 9th, at the "China Sharing Economic Regulations Report (2018-2022) conference and academic seminar on two-wheeled co-governance governance governance", the participating experts on the relationship between the connotation of the sharing economy and the relationship between the extension of the extension, the sharing economy and the lease economy , Data sharing, industry regulation and other issues have published opinions and suggestions.

Online car rental: Strong supervision becomes the mainstream industry compliance acceleration

The sub -reporting report on the online car regulation system has been sorted out for the regulatory basis, regulatory measures and relevant legal issues of the central and local governments in the past five years.

In terms of regulatory measures, from 2018 to 2022, the central and local regulatory agencies comprehensively use a variety of methods such as quantitative control, settlement inspection, administrative interviews, and administrative punishment. The deviation between them gradually narrowed.

It is worth noting that in the past five years, the national online car litigation has increased year by year, and the judicial focus has gradually shifted. From 2018-2022, the first-instance civil, criminal, and administrative cases of the first-instance ride-hailing car increased rapidly. Among them, 69%, 136%, and 44%were increased by 69%, 136%and 44%compared with the previous year in 2018, 2019, and 2020.

The proportion of civil cases is the highest, mainly involving legal issues such as insurance compensation, compensation liability for online car rental platform companies, and the relationship between online car rental platform companies and drivers. Administrative cases mainly involve administrative punishment, administrative mandatory, administrative license, government information disclosure Waiting for administrative acts; criminal cases involved in the crime of intentional injury, the crime of theft, robbery, etc. The report analysis pointed out that the focus of judicial review has been converted from focusing on whether administrative penalties should be implemented to how to regulate, and pay attention to regulatory paths that match the online car management as a matching economy.

Since 2021, "strong rule" has become the mainstream and promotes the development of the industry. In addition, the rise of the aggregate taxi platform, the platform model is diversified, and the relevant laws and regulations have a certain gap, and the responsibility boundary is needed to further clarify the boundaries. The report pointed out that the adopting multi -department joint regulation and multi -party efforts to rectify the chaos of online car rental services is a necessary measure to ensure that online car rental is regulated on the road of rule of law.

The report analyzes the trend of the online car regulation system in the next stage. In the future, update the local rules, reduce the entry threshold for vehicles and drivers of online vehicles, and continue to optimize the environment of online car businessmen or become a major trend. Optimize regulatory methods to reduce the cost of regulation; strengthen the security of the platform and standardize data management; accelerate the advancement of compliance, severely crack down on violations; pay attention to social fairness, balance new and old formats, etc. should be the next focus.

Share two -wheeled vehicles: Strengthen the supervision of government -enterprise cooperation to explore new governance paths

"Sharing two -wheeled vehicles can act as the 'capillaries'' of urban transportation, supplement and improve public transportation, and meet future trends such as green low -carbon travel and resource sharing." At the Sharing Two -wheel Cooperation Governance Symposium on the afternoon of the 9th, attended the meeting. Experts fully affirmed the positive significance of developing and sharing two -wheelers.

At the same time, the participating experts pointed out that the problems of the development of the bicycle sharing industry, such as the development of the bicycle sharing industry, have changed the issues such as collecting user deposits and casual launching vehicles, but it has been objective for a long time to park difficulties, difficulty in dispatching, and difficulty in maintenance. Compared with bicycle sharing, the regulations of shared electric vehicles are different in various places, and there are still many uncertainty in the development of the industry. In addition, experts exchanged discussions on hot issues such as local access, administrative charges, and violations of local access, administrative charges, and violations of regulations.

The two reports of the two reports of "Sharing Two-wheel Wheel Regulation Research (2018-2022)" and "Research on the Study on the Main Legal Issues of China Sharing Two-wheel Motor Regulations" detailed the development status and regulation status of the shared two-wheeled vehicle industry, and for the current regulation difficulties Put forward suggestions and suggestions to look forward to the future regulation trends and ways.

The report pointed out that the sharing two -wheeled vehicle industry has entered the era of stock from an incremental era, and various companies have shifted from extensive operations to refined operations. At present, there are many regulatory documents for governance and sharing of two -wheeled vehicles, but the standards are generally low based on the effectiveness level, regulating the "one city, one strategy", and the phenomenon of "nine dragons".

Specifically, the report proposes that the government supervision of the shared two -wheeled vehicles is in principle of local affairs, but issues such as the overall direction of the industry's overall direction, admission and other administrative licenses and the legality basis for charges shall be issued by the central government. In order to construct the requirements of the domestic unified market. The report suggested that the approach to the ahead of time can achieve scientific and reasonable regulatory goals through strengthening supervision in the event. "The new format represented by the shared two -wheeled car industry is essentially different from the traditional format. It explores a modes suitable for the development of the two -wheeled car industry, which has become the current place in my country's theoretical industry and practice world. A problem. "The report believes that the reform of the regulatory model should be further deepened, and the road of cooperation and regulation between government departments and government, industry associations, and enterprises should be explored.

The report pointed out that the sharing of two -wheeled vehicles is an important part of the digital economy and the sharing economy, and an important supplement to public services should be strongly supported. Relevant departments should insist on tolerance and prudence in the supervision of shared two -wheeled vehicles, so as not to regulate the regulation, and at the same time grasp the "degree" of regulation to avoid the problems of looseness and too much detailed regulation. It is recommended that relevant departments conduct a full investigation of the market environment before introducing relevant standardized documents, eliminate unreasonable access barriers or requirements, give full play to the role of market regulation, and ensure the autonomy of shared bicycle companies.

At the same time, play the role of the industry association's bridge, promote enterprises to assume the main responsibility and social responsibility, and combine the self -regulation of enterprises with government regulations and industry association regulations to achieve the continuous, stable and healthy development of the sharing of the two -wheeled vehicle industry.

Sharing homestays: urgently need to clarify the nature of the legal and access rules

"The development of shared homestays has sufficient legitimacy and market foundation, and has also been plagued by some legitimacy and social controversy. From the perspective of regulation, a system of complete systems and clear paths has not been established. Entering and management process. "

From the perspective of the reporting research team, the development of sharing and hostels helps increase the income of urban and rural residents, broaden the channels for employment and entrepreneurship, help smart cities construction and rural revitalization, but also faces many problems, such as insufficient standardization specifications, risk of security and privacy leakage, and privacy leakage risks. Exhaust community contradictions and so on.

What is the current status of sharing the homestay industry regulation? The report has compiled the relevant policies and regulations of the country and local levels. At the national level, on the one hand, "encourage innovation and tolerance and prudent", on the other hand, strengthen the regulatory and standards of sharing in the field of homestays. Regulate the documents for the development of the hostel, and explore the legalization path of the management measures of the homestay first.

The report summarizes the disputes facing shared homestays: First, there are differences in the definition of legal nature, which can be regarded as "operating venues" and can be regarded as "rental houses", which lacks unified identification and standard standards. The second is that the legislative supply is insufficient and lacks national legislation or legal interpretation of operating industry management. Third, there are obstruction in market access. There are many processes, strict requirements, and high thresholds for the current access conditions, which makes a large number of potential operators discourage. Fourth, the standardization of industry service needs to be improved, and it is urgent to carry out targeted classification regulations. Fifth, the regulatory subjects are scattered, and it is difficult to form a joint force.

The homestay industry is different from the traditional liquor and housing leasing industry. It is special and difficult to use existing laws and regulations. The report pointed out that the government needs to change the concept of regulation, carry out legislation and system innovation, clarify the legal status and access rules of the homestay, and provide a good institutional soil for sharing the development of the homestay. Platform companies should pay attention to performing the main responsibility, while achieving economic benefits while taking into account social benefits.

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