Industry specifications and legal supervision operated by the homestay operation
July 29, 2020 08:54 Source: "China Social Sciences", July 29, 2020, No. 1977 Author: Li Xianyue

B & B Tourism is agriculture、New industrial formats with deep integration of cultural and tourism。In recent years, homestays have risen rapidly throughout the country,It is closely related to consumers' diversified demand for travel accommodation,It is also inseparable from the multi -dimensional guidance and support at the national level。However, the "non -standard" management and service that the homestay economy appears in the rapid development process,I have restricted the healthy development of the homestay industry。Let the homestay's economy develop benign,The government must not only strengthen the investment in supporting facilities and the improvement of basic functions,What's more important is to strengthen the industry's norms and legal supervision。Although the "Tourism Law" revised in 2016 clearly clarifies the main body of the homestay,But because my country's homestay business has the main body more、involved in the management department Guang、Large characteristics of regional differences,At present, there are still the following four prominent problems。

First,Survey data show,The housing information published on the third party online platform does not match the real arrival of the store、Reality needs to be improved,This problem is the main cause of the homestay dispute,accounting for more than 30%。Although the existing "Consumer Rights Protection Law" and Article 20 of the "Consumer Rights Protection Law" clearly stipulate the obligation of the platform,And the second chapter of the E -commerce Bet365 lotto review Law issued in 2019 also stipulates that e -commerce operators should protect consumers' right to know and choose,Do not deceive、Misled by consumers,But whether the third -party platform that operates the homestay business belongs to the regulatory object of the law, there is still controversy。Next,B & B Reservation、There is no clear rules with a withdrawal of the booking,Similar disputes even occur on a platform with a good reputation。Consumers on some platforms do not even have the right to evaluation,The landlord only needs to go offline through simple housing、Go online,can eliminate differential reviews。B & B platform to avoid its own obligations obviously against the principles of honesty and faith and fair principles,50%or more withdrawal and deductions violated Article 10 of the "Measures for the Supervision of Contract Violations"。again,Business license、Sanitary license、Tax registration certificate、Special Industry License、Catering service license and qualifications of fire inspection.。where,The requirements for fire facilities are stricter,It is required that every homestay room must be installed with fireworks alarm。But in fact most homestay houses,Especially rural homestays,All the idle housing of the landlord,Fire conditions that cannot meet the business requirements at all,Status in illegal operation。Last,Article 37 of the "Infringement Liability Law" in my country,Hotels and other public places due to lack of manager responsibilities,Should be held accountable。Third -party online platform as an intermediary that connects the homestay provider and consumers,Requires the platform users to register all real -name registration,bet365 best casino games Therefore, major platforms have preserved a large number of user personal information and transaction records。If the user information is stolen or sold out due to the negligence of the platform,It is bound to cause damage to the interests of users。In fact,The platform account reflected by the customer was stolen、Standard photography and other phenomena are common。"China Business Daily" and "Beijing Youth Daily" both reported on Audemars Piguet B & B and Pig Homestay in the Peno Point Camera event。

The supervision and specifications of the homestay industry can find a balance point between encouraging development and management supervision,You can start from the following five aspects。First,Improve the top -level design,Clear access condition。In order to regulate the operation and management of my country's homestay industry,"Specifications for Sharing Accommodation Services" and "Basic Requirements and Evaluation of Tourism B & B" and other documents have been introduced one after another。New industry standards also propose "the implementation of the exit mechanism for the assessment of tourism homestays,The following situations will be canceled during the operation process "。But it is worth noting that,The private nature of the homestay is more obvious in the hotel,Therefore, food in daily operations、Health、Safety and other issues than conventional hotels、The hotel is more complicated,Its regulatory requirements and management difficulties are different,So,Food、Health、Safety and other regulatory departments shall be based on the characteristics of the homestay,Introduce the corresponding management specifications and standards。All localities should bet365 best casino games adapt to local conditions,Develop corresponding legal specifications; at the same time,Local governments can also formulate supportive implementation rules in accordance with the laws and regulations of the previous level,Determine from the top -level design to clarify the various access conditions of the homestay industry。For example, Guangdong Province is based on the "Tourism Law" and "Regulations on Tourism in Guangdong Province",Combined with the actual situation of the province,The "Interim Measures for the Management of B & B in Guangdong Province",Make the business and breakfast operation legalization。

2,Optimization management mechanism,Clarify the subject of supervision。For example, establish a multi -department joint supervision system,Established by the business department led,Public Security、Planning Resources、Tax、Urban Management、Market Supervision、Justice、Cultural and Tourism and other departments The homestay market development and standardized management work coordination promotion team,Develop a standard management document for the homestay industry,Build a unified network service supervision platform,Increase the punishment of illegal violations,and regularly study the outstanding problems in the development of the homestay,Carry out supervision and management in a targeted manner,Long -term chemical work supervision mechanism for forming "regular inspection+holiday assault"。For the Internet platform,Innovative management mechanism; introduce third -party credit systems to strengthen user behavior constraints,Blacklist and the background investigation mechanism connected to the public security system to form the highest level bet365 Play online games of credit system。Construct a punishment mechanism and elimination mechanism,As mentioned in Article 32 and 53, the "Tourism Regulations of Zhuhai Economic Zone" issued by Zhuhai City, Guangdong Province, the provision of accommodation services will be banned by the public security organs in violation of regulations,and faced a fine of 10,000 yuan to 50,000 yuan。

third,Strengthen platform supervision,Guarantee integrity operation。Most of the customers of the current homes come from third -party platforms,B & B Platform and Merchant (Business) There is a contractual relationship,So,Third -party platforms must also fulfill the corresponding obligations while collecting commissions。Management department should strengthen the management of the homestay reservation platform,First of all, the platform should be strictly required to verify the authenticity of the housing information before the transaction,Ensure consumers' personal and property security; followed by,Also strengthens the test of consumers' identity information,Avoid follow -up risks; finally,Set the punishment mechanism for the platform that violates integrity,When consumers are damaged due to the damage caused by false housing),Civil responsibilities of merchants (operators) and platforms。Chapter 5 of the "Sharing Accommodation Service Specifications" issued by my country in 2019 stipulates that "platforms and landlords bear product and service quality responsibility",But it does not specify how to allocate the responsibility between the platform and the landlord,Therefore, it is necessary to combine the characteristics of shared homestays and the legal relationship between participating entities bet365 live casino games to further refine,Clear responsibility for the platform。

Fourth,Change government functions,Encourage social autonomy。The mature homestay operating system is inseparable from the role of the homestay industry alliance。The homestay is mostly small enterprises established by families or individuals,Channel and social influence of individual lack of sound,and the Homestay Industry Association is a systematic of voluntaryly formed by the homestay operator、Broadly、Platform -based non -profit organization,Can play the role of communication bridges and hubs between the government and enterprises。The government is limited due to budget and personnel,Unable to effectively implement the B & B Industry Management alone,Government officials may not be able to understand the formats of the front line of the homestay industry in time; therefore,The cooperation between the government and the homestay association is the general trend,The B & B Association can make up for its deficiencies。The government needs to change functions,Although there are still the role of formulating a homestay management system and the role of industry management,But the development of the industry's industry has changed from a guide to assistant。

Fifth,Strengthen the safety certification review of the homestay intermediary,Strictly check in the registration process。It should be under the constraints of existing legal,Learn from Article 2 to 6 of the "Regulations on Public Security Management of the Hotel Industry" and Article 57 of the Regulations on Public Security Management Punishment,Clarify the responsibility and obligation of the operator of the homestay in the management of the migrant population,"Getting Started" operated bet365 Play online games by the homestay。At the same time, public security organs should strengthen supervision,The illegal and illegal acts on the centers of the homestay check -in censorship shall be ordered to be rectified or punished in time。

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(Author Unit: School of Social Development and Management of Hunan Women's College)

Editor in charge: Zhang Yueying
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