The Legislative Research On The Supervision Of The Network Car

Since October 2016,the Ministry of transport and other seven ministries and commissions jointly launched the Interim Measures for the supervision of Internet related cars,local governments have issued a local legislation for the supervision of Internet related cars.On the one hand,the network car has a legal status in the legislation.On the other hand,a series of regulatory provisions also caused many questions,mainly focused on the setting basis of administrative licensing and the level of effectiveness,as well as the restrictions on drivers,vehicles,prices and other market elements.This paper summarizes the network about the car around the introduction of the legislation,and to tease out the main manifestation,through to these local legislation on the legality of the form and essence of legitimacy,in theory to clarify some criticism about the car supervision of local legislation in question,also pointed out that there are two aspects in the form and substance of legislation the problem,in order to network about cars regulatory governance to find a feasible way.In addition to the introduction and conclusion,this article is divided into four parts.The first part: the summary of the legislation of the network car supervision.This part includes an overview of the central legislation and local legislation,the central level is "guidance" to provide a brief guidance for the reform of taxi industry including network about cars and car parade,"Interim Measures" as the regulations of the specific regulation,due to the regulatory network about the car industry is also related to the administrative license related,so as the power source of the order of the State Council was also thought to be related to the central legislation.The summary of the local legislation is mainly from the 99 local legislative documents that the author has counted out,and the characteristics of two aspects are presented,which are the effectiveness level and the main regulatory means of the local legislation.To prepare the empirical basis for the analysis of the later issues.The second part: the analysis of the problem of the central legislation of the network car supervision.This part mainly analyzes the defects of the administrative licensing authority and the conflict between the Interim Measures and the other central legislation in the two aspects.May be related to administrative licensing right according to the source of the "Interim Measures","guidance" and the State Council have their own flaws and shortcomings,and the "Interim Measures" in terms of price regulation in violation of the provisions of the "price law",the property use control network about cars against competition method to promote the spirit of competition.The third part: the analysis of the local legislation on the supervision of the network about the car.This part is mainly from the point of view of the legal basis of the local legislation and the restriction of access.On the basis of legal system,local legislation reflects the problem of unclear legislative origin and legislative effect.The lack of clear legal sources will lead to the failure of local legislation and the inconsistency of effectiveness.The driver’s admittance restrictions and vehicle access restrictions are adopted by many local legislation,because a series of conditions which are not set up on the basis of the central legislation have the suspicion of exceeding authority.The fourth part: to improve the path of the legislation of the network vehicle supervision.This part tries to put forward suggestions for perfecting the network about the car supervision legislation: first of all is to the rational allocation of network about cars in the legislation of the central and local relations,integration of central legislative resources,provide legislative origin and legislative framework for specific areas,strengthen the system design,to avoid the fragmentation of local legislation.Meanwhile,the impact of local legislation on the market and industry is the most obvious and significant.We should strengthen the control of basic principles,let the market play a decisive role,adhere to the principle of economic fairness and social standard,and carry out modesty regulation.