Research On The Car-Hailing Service Legal Supervision

In recent years,as a new mode of transportation in the field of transportation,the car-hailing service has attracted the attention of scholars.In order to avoid the new legal grey zone,the government has been actively trying to explore the adaptive regulatory policies and means.In July 2016,the ministry of transportation and other ministries and commissions jointly issued the "interim measures for the administration of online booking service taxi services"(hereinafter referred to as "interim measures").This paper analyzes the legal problems and the defects of the legal system in "interim measures" from the three aspects of legislation,administrative supervision and legal relief.Firstly,there is a conflict between the lag of legislation and the development of new business mode.The "interim measures" belongs to the department's legislation,and the interests of departmental legislation can easily lead to the unfairness of the law,the low quality of legislation and the chaos of law enforcement.The regulations on the regulation of car-hailing vehicles issued by local governments are in conflict with the administrative licensing law and other aspects of the law.Second,the government's administrative regulatory problems,the government has long been the lack of macroscopic anticipation for industry development and countermeasures of emergency mechanism,lead to problems for any government,was reversed transmission reform;The lack of reasonable evaluation and demonstration mechanism of government administrative decision-making cannot ensure the rationality,scientificity and operability of policy.Some law enforcement behavior of local government's legitimacy is also questionable,in accordance with the old and be given a lighter and the principle of the new law is superior to the old method,unpublished network about car regulation rules of the local law enforcement to network about car drivers of illegal operation of the legal position also should think twice.So,to follow the "legal" authority "proportionality",weigh the good encourage the application of new technology and improve the relationship between the regulation,weigh the good the regulatory functions of the central and local division of labor,weigh the good net about car platform open access and the relationship between the vehicle driver qualification strictly access,weigh the good price and the quantity control mechanism in network relationship among regulation about car.In terms of legislation,we should improve the level and authority of the law,combine the legislation of various departments,break the interests of thedepartment and improve the legal system.We should pay attention to democratic legislation,scientific legislation,and the evaluation and demonstration work before,during and after the legislation.As for the legal positioning of the ride-hailing service in the interim measures,the characteristics of the sharing economy can be enhanced.In the aspect of administrative law enforcement,we can use the mode of "government and enterprise cooperation" to optimize the supervision,to achieve information sharing,to cooperate with law enforcement,and to strengthen the professional construction of law enforcement teams and supervisors.The government should improve the supervision ability as soon as possible,improve the macro forecasting force for the development of the industry,establish the emergency response mechanism,and guard against the risks in major administrative decisions.In the aspect of legal remedy,it is necessary to integrate with other laws to clarify the responsibilities of each responsibility and the law of judicial relief,and widen the channels of judicial relief.At the same time,it is supplemented by various regulatory means to optimize government regulation by means of big data supervision,public supervision,safety supervision,and fair market competition environment.Legal supervision aspect,the role of the industry association,the government should fully respecting the rule of market economy,and respected industry experts,comprehensive understanding of the network about the car industry in a reasonable manner after the decision,giving full play to the advantages of the supervision of the National People's Congress and supervision committee,establish and improve the responsibility mechanism.