Original title: the rule of law enables shared economy to achieve stability
Author: Ni Yi Li Fufei
Today, "sharing" is increasingly integrated into our lives. Relying on the deep application of Internet and information technology, the rapid and diversified sharing of resources among different space and different subjects is becoming more and more normal. The annual report on China's shared economic development (2018) issued by the National Information Center (China) shows that China's share of economic market transactions in 2017 was about 49205 billion yuan, up 47.2% over the previous year, and it is expected to maintain a high rate of more than 30% annual growth in the next 5 years.
The rapid development of the shared economy has put forward new requirements and new topics for the current legal system. How should we establish and improve the corresponding legal system so as to better adapt and promote the shared economy to travel steadily?
How can the shared economic credit system be established?
In June 2017, in Nanjing, Jiangsu, more than 2000 users of a shared bicycle brand complained to government departments that the deposit could not be refunded. At the same time, the sharing of bicycles was stolen and destroyed, the shared rented house was seriously damaged by tenants, and so on.
"The foundation of shared economy is credit, and without the guarantee of credit, the security of shared economy can not be realized." Professor Du Liqun, deputy director of the China credit research center of Peking University, believes that the uncertainty and information asymmetry of the two parties may be greater in the shared economic model. If credit institutions can effectively credit and disclose the participants and consumers of the shared economy, then consumers can determine which A company is trustworthy, and an enterprise can choose a service object through its credit rating.
"When building a shared economic platform, we should first set up the feedback mechanism of transaction, trust and credit evaluation, so that all parties involved in the sharing economic platform can not only see the price of the transaction, but also can inquire the credit rating information of the trading objects." In order to promote the development of shared economy through the construction of social credit system, Du Liqun believes that it can start from 3 aspects: one is to speed up the cultivation of professional third party credit intermediary service enterprises, to build a user credit rating system, and to track the data records of the evaluation of the sharing platform and the supply and demand of the two parties. Enjoy the professional transaction credit rating service of the platform and its customers; two is the public disclosure of the dishonest person in the shared economic transaction, and the breach of credit in the transaction. The three is the combination of online and offline, the online emphasis on the social network and the e-commerce platform, and the integration of business, tax and public security under the line. The credit records of courts, banks and other departments set up a security credit system based on shared economic online credit platform and online and offline.
"The depth and breadth of the future shared economic development will be directly restricted by the credit legislation. It is very important to establish and improve the laws and regulations for the protection of information data." Du Liqun believes that the credit law should make clear what information is not disclosed. It should also make corresponding regulations on the arrangement, collection, analysis and release of information. At the same time, it should make clear the act of dishonesty and its legal responsibility, so as to truly inspire the trustor and punish the dishonest person.
How to protect the rights and interests of the shared economic practitioners?
The annual report on China's shared economic development (2018) shows that the number of people participating in the service of shared economic services in 2017 is about 70 million, an increase of 10 million over the previous year; the number of employees in the shared economic platform is about 7 million 160 thousand, an increase of 1 million 310 thousand over the previous year.
Today, the "shared economic platform + individual" mode of employment is becoming normal, and these shared economic practitioners, known as "network workers", may encounter some problems such as labor rights and interests. Not long ago, a network of car drivers took off with private cars when they were carrying passengers. Because they did not sign a labor contract with the platform, the platform refused to claim for the driver, and the insurance company refused to pay for the illegal operation. Finally, the net driver can only bear the consequences himself.
"The identity predicament faced by" network workers "is the primary problem of the protection of labor rights and interests of the group. Liu Junhai, a professor of Law School of Renmin University of China, said that "network contract workers" as a new type of employment, there is no clear definition in the law, its employment property is labor contract relations or labor relations, there is no final conclusion. If it is a labor contract relationship, then the employment platform must strictly comply with the labor contract law and relevant laws and regulations to pay the "five risks one gold" and bear the liability for the liability for accident and industrial accident. If it is the employment nature of the labor relations, it constitutes an equal civil cooperative relationship and is regulated by the contract law. Both parties may contract their respective rights and obligations in writing.
"Eliminating the blurred zone in the law as soon as possible" is a radical strategy to strengthen the protection of labor rights and interests of "net labor". Liu Junhai suggested that, whether it is labor relations or cooperative relations, the basic rights and interests of "network workers" should be guaranteed. If it is labor relations, employers pay workers' insurance to protect workers' rights and interests; if it is a cooperative relationship, it can be purchased by the platform or by oneself. Risk such as accidental injury risk.
"Safeguarding the rights and interests of the network workers" requires the efforts of the network platform, the network operator and the government and all sectors of society. Liu Junhai suggested that we should establish and perfect the social security policy matching the social security system, strengthen the flexibility of the current social security system and improve the social security system of the "network contract workers", and make sure that the "network contract workers" will pay for the status of the flexible employment personnel, and determine the obligation of the platform for industrial injury insurance and so on.
Sharing the economy should keep the bottom line of the law
Sharing basketball, sharing umbrellas, sharing charging treasure... At present, a variety of shared economic concepts and projects emerge in endlessly, and some have questioned that many of the sharing models are not only shared by the shared economy to "activate idle resources and optimize the allocation of resources", but to derive new waste.
Zhang Xinhong, deputy director of the office of the state information center, believes that "shared economy" is a development concept, but the development of practice is far faster than the maturity of the concept. At present, the shared economy is still in the transition stage from the introduction period to the growth stage, and there is still a distance from maturity, let alone excessive. As long as a sharing mode does not violate the law, we should try to treat it with a tolerant and innovative attitude. Sometimes, all kinds of sharing patterns emerge in endlessly, which is not only the embodiment of the release of economic vitality, but also the result of market competition. The disputes and problems appearing in it can be solved in the future development and improvement. Zhang Xinhong believes that the "can not be developed" can be defined as a standard for the establishment of a shared economic model, which is ultimately determined by the survival of the fittest.
"Of course, sharing the economy must also keep the bottom line of the law." Zhang Xinhong said that in reality, some unlawfully lawless elements in troubled waters tried to turn the shared economy into a tool for money, and the relevant departments should crack down on all kinds of illegal and criminal acts with the banner of "sharing". The inclusion and encouragement of shared economy does not mean letting go. Enterprises must win the competitive advantage in the sharing of economic formats. Compliance operation is the key.
People's daily (2018, 05, 16, 17 Edition)
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