Administrative License Control Of Ride-hailing

In July 2016,the State Council and the Ministry of Communications and other seven ministries and commissions issued the "Interim Measures for the Administration of Network Appointment of Taxi Management Services"(hereinafter referred to as the "Interim Measures"),and included the network reservation taxi(hereinafter referred to as ride-hailing)into the taxi.In the scope,an administrative license is set for ride-hailing,and since then the ride-hailing has obtained the same legal status as the cruise car.As of July 2018,more than 200 cities across the country have issued detailed rules on the basis of detailed administrative license conditions for vehicles,which has brought about tremendous changes in the free and fast ride-hailing market.Under the background of the sharing economy,it is worthwhile to determine whether it is necessary to control ride-hailing by setting the administrative license,the legitimacy of the current licensing system,and the rationality of the setting of the administrative license conditions of ride-hailing.This paper focuses on the administrative license system of ride-hailing.On the basis of reviewing the research results of the academic circles and sorting out the relevant administrative licensing rules,this paper analyzes the regulation and content of the administrative license on ride-hailing market,and proposes the defects of the system and the unsolved problems.My own point of view,in order to provide advice for the benign promotion and development of China’s online car market.Firstly,it demonstrates the necessity and particularity of the establishment of the administrative license for ride-hailing.As far as the current development status of ride-hailing is concerned,it is important for China to adopt an administrative license to achieve orderly competition with the cruise car.However,the administrative license control of ride-hailing should be different from the existing parade mode,eliminating the traditional concession control concept of the cruiser and combining the characteristics of the times to realize the differentiated management of ride-hailing.Secondly,it combines the administrative license system of ride-hailing and the actual influence to analyze the problems in the regulation.As a departmental regulation,the Interim Measures have no right to create an administrative license.The Regulations on the Administration of Road Transport of the People’s Republic of China(hereinafter referred to as the "Regulations on Transportation")still cannot provide sufficient evidence for its administrative regulations.The "Decision of the State Council on the Establishment of Administrative Licensing for Administrative Approval Items that Must Be Retained" as the source of the right to set up administrative licenses for online vehicles will also involve the limited scope of the administrative licensing rights of the State Council departments.From the content point of view,there are problems such as the lack of uniformity of the validity period of administrative licenses,the increase of administrative licensing conditions,and the policy decline of local ride-hailing management regulations.Finally,it puts forward suggestions for solving the existing problems.The administrative license control of ride-hailing requires more legal basis.As the existence corresponding to the cruise car,it should also show the systemization from the central to the local,so that the content of this system has been implemented and truly become the path to maintain the rational order of ride-hailing market.This paper believes that the existing control model requires more legitimacy.The central government should assume the important role of coordinating localities and setting benchmarks,and avoid unnecessary differences and confusion in the regulations.The government should change the control ideas in a timely manner,moderately reduce the threshold for entry,promote the establishment of experimental regulations for network vehicles,and promote system improvement based on practical experience.The ride-hailing platform has absolute importance and irreplaceability in vehicle and driver access and operation process supervision.It is necessary to promote cooperation between the ride-hailing platform and the government and government departments to realize data synchronization and real-time control.The administrative license control of the car has become more characteristic of the times,and the original intention of setting up the administrative license for the car is realized.The administrative license control for ride-hailing is still in the exploratory stage.The current recommendations can only be limited to the initial improvement of legislation and content.It is also necessary to combine the practice and technological development to gradually explore the unique characteristics of ride-hailing and sharing economy.