シェアリングエコノミーと日本の法秩序に関する一考察

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タイトル別名
  • A Study on Sharing Economy and Legal Order in Japan
  • シェアリングエコノミー ト ニホン ノ ホウ チツジョ ニ カンスル イチ コウサツ

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In recent years, the world is sharing economy is showing rapid progress has that. And, to Japan of the sharing economy, there are three basic and fundamental problem that has not been discussed from the front in the field of so much law so far. The first is how to consider the relationship with existing business law regulations such as ride share regulations under the Road Traffic Act. With regard to this issue, if the sharing economy is not familiar with the regulations under the existing business law, we should not forcibly push into the existing business law regulations, but should build a flexible system according to the actual situation. Second, what kind of regulations should be faced against the new concept of sharing economy. Regarding this issue, the sharing economy is still in its infancy, so it should be considered based on self-regulation by the industry, etc., not necessarily enacting laws. The third is the consistency between the sharing economy's characteristic of “sharing” and the principle of one thing and one rights and thus the private property system. Both of these are consistent. First of all, one matter one rights principle in relation to, this principle trying to protection to the safety of the transaction of the things that, as well as a plurality of rights is supposed to coexist in goods, information and communication technology to ensure the development of It is not inconsistent to get. In addition, in modern society, it is not only important to own things independently, but also the environment that can be used when things are needed. Private property system should be understood as being transformed to encompass such usage mode, not inconsistencies.

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