Research On Administrative Licensing In Regulations Of Vehicle Departments For Internet Appointment

The promotion and application of Internet + technology has spawned the rapid development of the Internet related car industry.When a new technology or new business mode appears,it should conform to the law of market development.At the same time,the supervision of contractual car operation services should also be put on the agenda,especially at the level of laws and regulations.For a long time,the relevant laws of online taxi booking are not clear,and this new mode of transportation service is in a state of vague development in the field of traffic management.This situation lasts until the end of 2016.The Ministry of Transport and other seven ministries jointly issued the Interim Measures for the Management of Online Taxi Operating Services(hereinafter referred to as the Interim Measures),which clearly defines the contract.The development orientation of the car has been stipulated,and orderly development of network car appointment has been determined.However,after the promulgation of the Interim Measures,the judicial practice of our country still holds different attitudes toward the online car,often confusing the application of the regulations of the online car and the cruise car.According to the provisions of Article 63 of the Administrative Procedure Law of our country,when the court hears administrative litigation cases,the department rules and regulations are not directly used as the basis for the court’s determination,but only serve as a reference.The court shall examine the legality of the provisions of the rules before referring to them.Therefore,the difference in the results of the court’s review of the legality of the rules will lead to the difference in the results of the trial and judgment.The Interim Measures,as a department regulation to regulate the industry of online car restraint,is very necessary to review its legitimacy.Although the Provisional Measures stipulate the network reservation taxi business license,network reservation taxi transport license and network reservation taxi driver license,the Administrative License Law of China prohibits the power of administrative license to be established by department rules and regulations,because administrative license has the characteristics of creativity,and its establishment involves the general freedom of ordinary people.The analysis of the legitimacy of the administrative licensing of online car leasing stipulated in the Interim Measures is directly related to the determination of the administrative cases of online car leasing in China’s judicial practice.From the perspectives of Jinan City Public Passenger Transport Management Service Center and Chen Chao Administrative Penalty Case,Su Doudou and the Administrative Case of Hefei Transportation Administration Department,Binzhou City Boxing County Road Transport Administration Institute and Wang Zhaoxiang Road Traffic Management Case,this paper combs the taxi industry administrative licensing system,analyses the problems of setting administrative licensing rules and regulations of network carappointment Department and draws a conclusion.Conclusion,in order to play a positive role in judicial practice.The article is divided into three parts,which are as follows:The first part is a brief introduction of the case.Taking three typical administrative cases of online car appointment as materials,this paper expounds the facts of the case,and states the court’s trial ideas and the results of the case judgment.Summarizing the controversial focus of the case,the first focus is the confusion of the application of the case to the license of the contract car and the cruise car.The second focus is whether the reasons for the confusion are doubts about whether the administrative license of the contract car is set for the Department regulations.The second part is related legal analysis.In view of the controversial focus of the case,this paper firstly studies the concepts of the cruise car and the online car,the administrative licensing mode of the cruise car and the administrative licensing of the online car,and then discusses whether there are illegal additional administrative licensing problems in the department rules and regulations which are the basis of the legalization of the online car.The third part is the conclusion of the case and the Enlightenment of the study.On the basis of legal analysis,this paper draws a conclusion on the controversial focus of the case,that is,different administrative licenses should be applied to the online car and the cruise car in the case,and the departmental rules and regulations can be used as a reference for the online car administrative case.Although there is no legitimacy problem in the Interim Measures,its provisionality still affects the effectiveness.Therefore,the case study enlightenment is drawn from the subject of setting administrative license and the level of setting administrative license for the operation of online car.