分享经济的法律定位及规制策略

The Legal Orientation and Regulation Strategy of Sharing Economy

分享经济是近来学术研究的热门课题,但法学领域的研究并未认清其本质。从分享经济内部法律关系来看,它其实是电子商务在移动互联网时代的新发展,呈现出兼职与专职活动同时大量并存的双阶层构造,但当前的规制未能注意到这种区分。根据法律多元化理论,对分享经济的规制应当以保留多样选择为指引,摒弃一刀切式的传统监管思维。同时构建政府与分享经济平台方相互合作的、对专职和兼职分享有所区分的分级监管体制。

Sharing economy is a hot topic in recent academic research,but the research in the field of law has not clearly recognized its essence. From the viewpoint of the legal relationship of the internal subjects of the sharing economy,the sharing economy is actually a subdivision type of electronic commerce,and it is a new development of electronic commerce in the era of mobile Internet. Compared with the traditional e-commerce,sharing economy has its particularities,one of which is that a large number of part-time and full-time activities coexist in the two-tier structure. The current regulation fails to pay attention to this distinction,and the all or nothing regulation is not conducive to the healthy development of the sharing economy and the protection of the rights and interests of the relevant subjects. According to the theory of legal pluralism,the regulation of sharing economy should be guided by retaining diverse choices and abandoning the one-size-fits-all traditional regulatory thinking. At the same time,we should build a hierarchical supervision system in which the government and the sharing economy platform cooperate with each other and which distinguishes the full-time and part-time sharing.