C2C型在线短租民宿的法律问题及规制研究

Research on the Legal Issues and Regulations of C2C Online Short-Term Accommodation

摘要: 目前，C2C型在线短租民宿已经成为共享经济领域的一大热点，Airbnb、蚂蚁短租等知名在线短租平台的出现使得在线短租民宿迅速占据市场，在许多城市已经逐步取代传统酒店成为了旅行者们首选的住宿方式，同时也为房东带来了可观的经济收益。但随着行业的不断发展，其平台责任的缺失，房东和房客互相侵权以及引发不正当竞争和税收风险等弊端也显现出来。本文在分析其法律关系的基础上，通过强化短租平台的责任、加强交易双方保护以及明确房东法律地位等方面提出对于C2C型在线短租民宿模式的规制路径，以推动在线短租行业的合法有序发展。

Abstract: At present, C2C type online short-term accommodation has become a hot spot in the field of sharing economy. The emergence of well-known online short-term accommodation platforms such as Airbnb and Ant short-term accommodation has made online short-term accommodation occupy the market rapidly. In many cities, it has gradually replaced traditional hotels as the preferred accommodation for travelers, and has also brought considerable economic benefits to the hosts. However, with the continuous development of the industry, the lack of platform responsibility, mutual infringement between landlords and tenants, unfair competition and tax risks and other drawbacks have also emerged. Based on the analysis of its legal relationship, this paper proposes a regulatory path for the C2C online short-term rental homestay model by strengthening the responsibility of the short-term rental platform, strengthening the protection of both parties to the transaction and clarifying the legal status of the landlord, so as to promote the legal and orderly development of the online short-term rental industry.