In recent years, the rapid development of the sharing economy at home and abroad has played a positive role in promoting economic growth and improving the efficiency of resource utilization. However, during the development process, the sharing economy also exposed some problems. These problems have caused the government, practitioners and users to doubt this emerging economic model to some extent, and even caused controversy and even conflict. There have been many lawsuits related to these issues abroad, and special legislation has been started for this purpose. Although China's sharing economy is in full swing, it is still lacking in management. These foreign experiences can provide us with inspirations to reduce or even avoid similar problems.
I. Some problems exposed by the foreign sharing economy
(I) The positioning of the sharing economy platform is not clear enough
The sharing economy usually refers to an economic model in which the public shares idle resources with others through social platforms, and then obtains income. There have been "carpool" forums abroad. The forum serves only as a communication platform and does not directly benefit from carpooling. Entering the era of mobile Internet, companies that provide such docking services become platforms and charge information or management fees from each transaction. For companies that automatically provide information matching without retaining too much of their own assets, current laws and regulations cannot effectively manage them. 为代表的共享出行平台，监管方认为其类似于“出租车公司”，所以需要承担所有传统出租车公司的责任和成本，但在执行过程中对其实际工作较难监管。 For example, a shared travel platform represented by Uber , the regulator believes that it is similar to a "taxi company", so it needs to bear the responsibilities and costs of all traditional taxi companies, but it is difficult to supervise its actual work during the implementation process. The ambiguity of the positioning of the sharing platform has caused the government to face the dilemma of "unreliable, no (suitable) people available (supervised), no way (experience) to follow". Governments in various countries and regions are exploring ways to supervise the sharing economy in order to establish relevant laws for management as soon as possible.
(2) Imperfect rights protection mechanism
Among participants in the sharing economy, in addition to the positioning of the sharing platform to be clarified, there is also a lack of a comprehensive rights protection mechanism for other participants. This guarantee targets both consumers and service providers of the platform.
Consumers' rights, in addition to common personal rights, also have rights to property security. By handing over funds to an online financial platform that has never met, consumers have distrust of the platform. At present, due to the large scale of the platform's users and the generally low amount of fundraising, the financial platform does not conduct much investigation on the personal information, credit level and solvency of the participating parties, especially the fundraiser, and the review process is simple. In this way, although the loan threshold for funders has been lowered, the protection of investors' assets and rights has also been reduced.
The protection of the rights and interests of service providers is mainly in terms of risk aversion and social security. These practitioners have a temporary contractual relationship with the platform. When the risks such as traffic accidents cause damage to practitioners, consumers and related third parties, is it necessary for the platform to purchase temporary insurance to help practitioners get out of trouble? This is the focus of the current debate and a gap in the law. In terms of social security, practitioners believe that the platform extracts management fees from revenues and forms an employment relationship, so it is necessary to purchase corresponding social insurance, but the platform believes that the fees are only used to match the supply and demand information costs. 的诉讼，他们认为平台未能为他们提供有效的社会保障，侵害了他们的合法权益。 For this reason, in Massachusetts and other places in the United States, there have been several long-term practitioners' lawsuits against Uber . They believe that the platform fails to provide them with effective social security and infringes their legal rights.
(3) Information disclosure needs to be improved
The positioning of the sharing economy is unknown, and it is in a vague area of regulations. Therefore, the platform is generally uncooperative with the requirements of regulators to obtain information. 就是否能获得Airbnb的用户数据发生过争执，双方各执一词。 New York City has had a dispute with Airbnb over the availability of Airbnb 's user data, and both sides held their own words. 年7月对Uber做出一笔730万美元的处罚，也是由于Uber违反了委员会新颁布的“网约车管理规范”，拒绝提供委员会要求的数据和信息。 The California Public Utilities Commission imposed a $ 7.3 million sanction on Uber in July 2015, also because Uber violated the commission ’s newly issued “Internet-ride-sharing regulations” and refused to provide the data and information requested by the commission. 服务的平均小时数和平均里程数等。 These data include the actual number of vehicle appointments, the number of orders received and the number of refusals, the number of acts of violence committed by the driver, and the average number of hours and miles the driver has served Uber . 培训司机的情况、司机提供服务时是否存在实际或潜在的种族歧视和收入歧视等。 The information also includes information about Uber's training of drivers, and whether actual or potential racial and income discrimination exists when drivers provide services.
Second, foreign response experience and measures
(I) Establish the legitimacy of the sharing economy
Many of these problems exposed by the sharing economy are caused by the fuzzy positioning of the sharing economy platform. Therefore, the legislative determination of the legality of the sharing economy and the rights and responsibilities of the platform have become a top priority. Countries start from their own characteristics and define the responsibilities, rights, and benefits of sharing platforms with corresponding regulations. U.S. legislative oversight of the sharing economy is based on the local level. 年美国17个城市议会和4个州通过了合法化专车的城市条例， 2015年8月美国合法化专车的城市与州增加至54个。 In terms of shared travel, in 2014 , 17 U.S. city councils and 4 states passed the city regulations for legalized private cars. In August 2015 , the number of US cities and states with legalized private cars increased to 54 . California, Oregon, and Washington have passed laws on car-sharing, clearly assigning responsibility to car-sharing services and insurance companies, and expressly forbid insurance companies from canceling car owner policies. Canada, South Korea, and other countries are also actively working on regulatory adjustments. The core of the adjustment is deregulation. 为代表）等业务的调节。 On the one hand, the Canadian government has begun to formulate and modify a new legal framework to support the development of the sharing economy; on the other hand, it has announced that it will introduce the latest tourism laws, including the regulation of businesses such as online home sharing services (represented by Airbnb ). South Korea is also working to bring the sharing economy into line with the current system. The Ministry of Planning and Finance of the Republic of Korea intends to start from areas with relatively clear industrial forms such as car sharing and accommodation, and improve related regulations to promote demonstration industries in specific regions.
(B) Strengthen the protection of the rights and interests of consumers and practitioners
The improvement of the credit system can largely eliminate the insecure factors in the sharing economy, thereby ensuring the safety of consumers' property. At the same time, user defaults and breaches of trust in the sharing economy system can also provide an important basis for the credit system to assess individual credit ratings. The credit reporting legal system in the United States stipulates the rights and obligations of credit reporting agencies, credit information providers, and personal information subjects in credit reporting activities. The Finnish government guides citizens to use electronic identity authentication in various administrative systems (such as the tax system), which not only accelerates the development of financial sharing services, but also simplifies the steps of online lending and relieves the trust doubts of both parties in the transaction, which greatly improves A sense of integrity. 验证，在强调身份验证系统重要性的同时，也努力扩大其适用范围。 The British government has also begun to launch UK authentication. While emphasizing the importance of the identity authentication system, it is also working to expand its scope of application.
From the perspective of protecting the rights and interests of practitioners, various countries have also issued corresponding regulations. 万美元，并且要为驾驶员提供个人和商业保险。 In order to avoid risks, California legislation requires that transportation-type sharing economic platforms must insure insurance for a single event, with a coverage of at least $ 1 million, and provide personal and commercial insurance for drivers. The Australian Labor Party requires that sharing economy companies must set up appropriate insurance policies to reduce risks for customers and third parties, and establish cooperative relationships with the insurance sector. In order to protect the rights of practitioners, the UK Department of Commerce recommends that the skills sharing platform should ensure that workers' wages are at least living wages, and encourage entrepreneurship programs such as starting loans and new business welfare subsidies to assist entrepreneurs to actively promote the development of sharing economy enterprises.
(3) Various means to promote information disclosure
年1月提出的有关共享经济的立法草案（ 2016年第3564号文件）中，第9条规定涉及了共享经济业务的监测事宜，要求各义务主体，即平台经营者要向国家统计机关提交有关数据，协助监管机关实时掌握共享经济的发展态势。 Italy has made legislative efforts. Article 9 of the draft legislation on the sharing economy proposed by the House of Representatives in January 2016 ( 2016 Document 3564 ) stipulates that Article 9 deals with the monitoring of the sharing economy business and requires all obligees That is, the platform operator must submit relevant data to the national statistical agency to assist the supervisory agency to grasp the development trend of the sharing economy in real time. 获取数据等大数据技术方法搜集平台的经营数据及用户情况等。 In a feasibility study report, the UK's National Data Office proposed a more proactive monitoring method, using improved questionnaires, actively reporting data reports, and monitoring data from corporate information systems. Or use big data technology methods such as application program interface (API) to obtain data to collect the platform's operating data and user conditions.
Enlightenment for China
Observing the foreign sharing economy, it can be found that its development in various countries is based on mobile Internet technology, driven by industrial innovation, emerged by private entrepreneurship, and under the open and inclusive attitude of the government, it has developed rapidly through venture capital and other investment support. The problems exposed by the foreign sharing economy and the responses of various countries reflect different perspectives of governments, which has important implications for China in transition.
(I) Strengthening the construction of laws and regulations on the sharing economy
As an emerging industry, the sharing economy is in a vague area of existing market regulation and legal control, and its identity is also in a gray area between legal and illegal. Only by accepting the regulation of the law can the sharing economy be accepted as a legitimate industry and get its name. Different industries in the sharing economy have certain differences. With the development of their own, market selection, and financial capital support, the scale of some of these industries has gradually become non-negligible. At this time, it is necessary for the government to formulate corresponding laws and regulations and set basic requirements for industries that have already taken shape. The exposed problems are specified in the form of "negative checklists" for different industries, not only to suppress development, but also to manage them according to law. At the same time, the provisions in the original laws and regulations that are not suitable for the new situation are appropriately modified so that there is no contradiction between the old and new regulations, so as to avoid the situation of arbitrary interpretation and misuse of legal provisions in the process of law enforcement.
(B) establish a good credit system
In the sharing economy, a good credit system can effectively avoid a lot of troubles and problems, and can promote consumers to use the sharing economy platform more actively. The existing credit authentication system can provide fast query authentication services for the sharing economy platform in the Internet era. Based on the current credit certification system, set up some third-party credit service companies, establish credit evaluation systems for users and service providers, and use big data technology to analyze the evaluation of both supply and demand and the customer's credit level as a time-effective reference. At the same time, the authority to query criminal records can be opened to certified shared platforms, so that when they accept user applications, they can confirm that the applicants have no criminal records. On the basis of these services, a blacklist system is established to indicate those responsible for serious fraud on the sharing economy platform, and different types of disciplinary measures are implemented according to their severity to reflect the effectiveness of the credit system construction in the sharing economy platform. Sex.
(3) Promoting Industrial Development with Data Collection
If we want to improve the efficiency and accuracy of data collection on the sharing platform, we must first increase publicity and keep the operators of the sharing economy platform with the idea that if the platform wants to obtain a legal identity and formal management, it is necessary to follow the management department Request information. After the government obtains the most detailed data and information, it is possible to govern the complex social system including the sharing platform and to introduce effective rules and regulations applicable to the sharing economy. The second is to strengthen technical means, observe the implementation effects of different foreign technical means and their applicability in China, give full play to the role of big data technology, and use market performance as a reference and evidence for data provided by the sharing platform.
In short, the sharing economy, as an emerging business format, has been recognized by the market and consumers for its development momentum. The sooner and more fully the problems in development are exposed, the greater the room for improvement, so that they can be reasonably and beneficially constrained as soon as possible, and the vitality of the sharing economy can be better exerted.