共享经济行政法规制的理念变革

Reform of Administrative Regulation Idea on Sharing Economy

共享经济行政法规制的理念变革,说到底是规制理念应当适应已变化了的规制实践的客观要求。规制理念的变革,至少可以从四个方面加以着力,包括规制理念的变革应立足于共享经济的特征,应从单向度管理向多主体协同治理转向,应从注重依法律治理向法律与技术并重式治理转向,应从过度注重事前许可向过程型规制转向。此外,分析规制理念变革背后所涉及到的政府、市场与社会的协力,建议在法治框架内厘清政府、市场及社会的边界,限制行政许可设定权,科学配置共享经济治理权等。

In the final analysis,the reform of administrative regulation idea on the sharing economy is that regulation idea should adapt to the objective requirements of the changed regulation practice.At least the following four aspects should be taken into consideration in the reform of regulation idea,that is,the reform of regulation idea should be based on the characteristics of the sharing economy;it should shift from one-dimensional management to multi-agent cooperative governance;it should change from focusing on legal governance to the combination of legal and technological governance;and it should change from too much attention to prior permission to process regulation.In addition,through the analysis of the cooperation of the government,the market and the society involved in the reform of regulation idea,it is proposed to clarify the boundaries among the government,the market,and the society within the framework of the rule of law,restrict the administrative license setting authority,and allocate the governance power on the sharing economy in a sound way.