| Summary: | 碩士 === 東吳大學 === 法律學系 === 105 === In line with digital technology and broadband network, internet as a medium for business transactions has become a principal type for economic activities. As internet provides trans-boundary and actual territory properties, it differs with traditional economic markets which require certain geographic space as a pre-requisite. In addition, the regulations governed by various countries are not quite the same thereby tend to have derivative legal problems and conflicts as and when such digital activities occur across
country boundaries.
This paper centers on transport and accommodation as a platform for nucleus research, and uses Uber and Airbnb as examples. It first introduces the background and mode of business, and then points toward the platform analyzing the difficulties in this digital era, in particular the restricted business in this country, e.g. taxi and hotel business. In addition, this paper also touches on specific subjects, e.g. the legitimacy and possible conflicts faced by these companies; and also the question whether the regulations governing Uber and Airbnb are appropriate.
As stringent market control regulations may hamper digital innovation, this research uses as a reference foreign supervisory control measures on renewed commercial pattern. On Uber, the relevant regulations on Transportation Network Company published by the Public Utilities Code of California, USA, is used as a reference, as well as the judgment made by United States Court of Appeals, Seventh Circuit on the case Illinois Transportation Trade Association v. City of Chicago. Re Airbnb, the regulations of Amsterdam and Japan are used. These regulations are applied as a comparison to our existing highway and hotel regulations as a foundation to explore the question whether our regulatory controls are appropriate. The comparison and study will enable a decision to be made whether an amendment is necessary and to suggest possible and feasible measures for enactment.
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