The Legal Regulating Of The Franchise Of The Taxi Industry In Our Country

Since the1980s, the taxi industry in our country has achieved vigorous development. With the passage of time, the economic level of our country and people life quality rise ceaselessly, prompted the taxi market development, thus occupies more urban passenger transportation market. But the taxi strike, black car disorderly operations, such as the driver fatigue sudden bad situation occurred frequently in recent years, the taxi industry has been recognized as a social contradiction is quite prominent industry. This reflects the system of the taxi industry in our country there are many defects, we must take effective measures to make up for the defects as soon as possible. The taxi industry interest’s contradiction has reached a quite serious degree, become the social instability factors, and deviated from the strategic goal of building a harmonious socialist society. Cause these problems and contradictions, although each are not identical, but the underlying causes are related and taxi industry management system, and as the taxi industry system core franchise system are inseparable as bearing the government public policy, rental company’s interests, the driver life source, and the general public travel convenient urban public utilities, urban taxi passenger transportation industry needs to straighten out various interest relations, perfecting the existing taxi franchise system, the operating order to stabilize the taxi industry. Formulate perfect taxi operation system has an immediate effect to improve the situation, so in this paper, the author makes a deep research on the subject.The author used the method of economics, the basic theory of the basic theory of economics and sociology, the comprehensive approach to the study of different disciplines, historical research methods:analogy at home and abroad, summarized the domestic and foreign scholars on the nature of the taxi industry, development status and improving Suggestions point of view, and reuse of the dialectical relationship between theory and practice research; Empirical research methods:the current taxi industry in China, the paper analyses the present situation of franchising and explanation, summing up the characteristics of the current taxi franchise management mechanism in China and the existing problems; Comparative research:the taxi market management system of domestic and foreign research, find the advantages of the management system of abroad, and combining with China’s specific national conditions selectively absorb these advantages; With normative analysis, normative analysis methods:evaluating the pros and cons of the current taxi operation and management system, and put forward opinions and Suggestions.There are five parts:Part one:first of all, from the development of the taxi industry, looked at the present situation of the taxi industry, briefly illustrates the problems existing in the taxi industry nowadays, and the necessity of regulation, and the research status of the taxi franchise at home and abroad are introduced.The second part, from the concept of franchise and meaning of the taxi franchise, and think the taxi is to provide individuality service of urban public utilities, public transport and has its own industry characteristics, so the clear taxi belongs to the category of the franchise. And explore the nature of the taxi franchise, and the difference between civil franchises. Demonstrates the legal attribute of the taxi franchise:first is the proprietary property of a certain, table Right now, rights transfer of limited particular subject and rights are protected by special; Followed by a property attribute, because the government awarded the taxi franchise was created by the paid fiscal revenue. Taxi driver after paid acquisition franchise, and certainly bring their exclusive property income and in the domestic part of the local taxi franchise of mortgage, the pledge and transfer behavior and property attribute; The last is the dual nature of administrative and civil, subject, procedure, content and authorized by the applicable rules of statutory embodies the administrative attribute, and the subjects of rights and authorization equal legal status, said the meaning of freedom and openness, efficiency principle and embodies the civil attribute.The third part, the current our country exists three typical respectively expounds operating mechanism, through the analysis of Wenzhou, Beijing, Shanghai, the pros and cons of three kinds of taxi operation mode, summarizes the current four big problems of the taxi market in China is mainly:imperfect competition; Black car problem; The auction price is too high, operating costs increase infinite; Two rights separation and easy to cause conflict, and points out that the taxi industry appeared in domestic law mainly has the following three problems:one is the industry monopoly problem; The second is management problems; Third is the issue of price control. And in the holy trinity of history, countries, companies are analyzed.The fourth part, the paper expounds and analyzes the foreign developed countries and regions of taxi operation management system, and analyzed their advantages and disadvantages, summarizes foreign taxi operation mechanism characteristics, the one is the market access threshold is relatively low,2it is the market in the management of taxi industry association to join,3it is the interests of the parties subject to obtain more average. And obtained some enlightenment to our country:to perfect the laws and regulations and its scope of form a complete set of measures, the government controls the need for change, the right market competition need to be imported, improve industry association’s function, for all kinds of car rental division classification management.The fifth part, from the Angle of economic law, the paper expounds the theoretical basis for the taxi franchise regulation, on the basis of the analysis and research, the author puts forward the corresponding legal advice is mainly as follows:one is the must define the scope of government intervention, the second is to establish the fundamental law of the specification and supporting regulations related to it, three is improved based on the current related rules, protect the legitimate rights of the taxi practitioners., the authors hope that through legal means to find a suitable for China’s AD hoc socialism market economy the taxi industry change.Epilogue:the taxi industry nowadays in our country carries on the summary, shortcomings again strengthen the taxi business franchise system for effective legal regulation and the necessity of perfecting, puts forward Suggestions for government regulatory focus and improvement of the way, and the future of our franchise laws regulating the industry development in a series of imagination and expectation.