| On July27,2016,the Ministry of Transport formally promulgated the "Interim Provision on Operation and Services Management of Car Reservation via the Internet."This provision set up three general administrative licenses for thedrivers,vehicles,and platform which are involved in Car Reservation via the Internet.And it is not the same as the development model of traditional taxi.It ended the time of no law that can be available for Car Reservation via the Internet,and made some space for legislation at local level.Under this provision,existing development model can continue to survive basically,only need a little adjustment.So it obtained consistent high praise from community and academia.Shortly after the release of the provision,local governments have begun to enact and implement their detailed rules and regulations.However,many places have made a number of new terms on the basis of "Interim Provision on Operation and Services Management of Car Reservation via the Internet".Some places add constraints on drivers such as household registration.Some places add constraints on vehicles such as wheelbase,displacement,or number plate.Some place shorten the time limit on licenses.These varied conditions make the newly legalized Car Reservation via the Internet facing the development dilemma again.Some companies need to undergo a large-scale adjustment to adapt to local regulations.According to the normative analysis of administrative law and constitution law,the restrictive conditions in the local legislation of the Car Reservation via the Internet are directly contrary to the relevant provisions of the administrative law,contrary to the principle of administration according to law.And at the same time,there are procedural shortcomings which will have a direct impact on the effectiveness of the local rules.From the constitutional point of view on the restrictions on the driver’s household registration constitute a discrimination against citizens,but also an infringement of citizens’ professional freedom.The restrictions on the vehicle also constitute unreasonable restrictions on civil liberties.In view of this,the local governments should take warning when they exercise their legislative power on Car Reservation via the Internet,they can not compete with citizens.First of all,this requires the local governments strictly abide by the provisions of the existing law;Second,local governments should improve the local legislation procedures,establish and promote the public participation system in order to supervise the administrative legislative power more effective;Again,for this new economic behavior that formed in the market,local governments need to respect the market regulation;At last,the governments should update the regulatory philosophy,let the platform use it’s control power on drivers or vehicles.Car Reservation via the Internet is a typical form of collaborative economy in the new era background,new form of shared economy under the new form of a.Only the market can decide whether it should exist,what form it should be.Local governments must take full account of the current economic development trend,use the open attitude,regard enhancing people’s welfare as the fundamental principle. |
