关键词: 新经济, 共享经济, 法律治理, 地方实验

Abstract:

The new economy brings about the change of legal structure and the adjustment of rights relations, and does not necessarily reduce transaction costs and alleviate information asymmetry. The innovative development of the new economy requires new legal regulations. Taking the legal regulation of the sharing economy as an example, this paper finds that the current regulation has not achieved the expected institutional effect, and the model of industrial development, the identification of legal problems, the proposal of regulatory schemes, and the shaping of regulatory capacity will all affect the regulatory effect of the new economy. Based on the central-local relationship and local competition in China, we can adopt the governance path of local experiment in the field of new economic governance. Local experiments are not only limited to local legislation, but also can generate legal rules through individual cases in the judgment of new economic cases. The potential drawbacks of local experiments can be corrected by the policy guidance of unified market construction, the institutional constraints of fair competition review, and the scope limitation of new economic governance tools.

Key words: new economy, sharing economy, legal governance, local experiments