地摊经济发展的法律困境与化解路径研究

Research on Legal Predicament and Solutions of the Development of the Street Vending Economy

从中央到地方都明确表示鼓励地摊经济的发展,但不少地方地摊经济似乎又回到"一放就乱,一管就死"的境地。究其原因是地摊经济普遍存在着售后维权艰难、影响城市正常秩序、监管方式不当的发展困境。破除这一困境需要运用法治思维,从完善市场准入制度、创新监管方式、建立行业自律组织和落实细化法律法规等方面着手,帮助地摊经济走出一条可持续发展道路,真正成为中国经济的蓬勃生机。

Both the central and local governments relaxed relevant policies on the street vending economy and explicitly encouraged its development,But the street vending economy in many places seems to have returned to the situation that being chaotic if it’s released or being inanimate if it’s administered. The reason is that there are lots of prevalent problems in the development of the street vending economy,such as the difficulty in protecting the rights after sale,the influence on the normal order of the city, and the improper way of supervision. To overcome thepredicament,it is necessary to use the rule of law thinking,improve the market access system,innovate the way of supervision,establish industry self-governing organizations and implement laws and regulations in detail,so as to help the street vending economy adhere to the path of sustainable development and truly become the vitality of China’s economy.