| With the rapid development of Internet information technology,various fields have been rapidly changing.Many traditional industries have been linked to the Internet.The network of cars(called the network booking taxi)is a typical "Internet plus travel" new way of travel.Through the Internet operation platform,the information of passengers and drivers can be matched quickly and the idle social resources can be used flexibly.The utilization rate of resources has not only been improved,but also the situation of traffic congestion has been alleviated.However,as a new thing,network car Hailing has not been fully integrated with modern society.It brings convenience to people,but also causes many social contradictions.In order to standardize the orderly operation of online car hailing,ensure the operation safety of online car hailing and the legitimate rights and interests of passengers,on July 28,2016,the Ministry of transport,together with the Ministry of Commerce and other seven departments,released the Interim Measures for the management of online taxi Hailing operation and service to regulate the operation of online car Hailing.This is also the first time in China to write the network contract into the regulatory system in the form of regulations,recognizing the legal existence of the network contract car in our country,and various places have successively formulated implementation rules to regulate the operation and service of the network contract car.However,the regulatory mechanism established in the Interim Measures and local implementation rules is not mature,there are many imperfect places,and many problems have not been effectively solved.For example,the basis for the establishment of "three certificates" for online car Hailing is controversial;at present,the number of online car Hailing platforms is large and disorderly,and the management has been in a state of chaos;the sudden emergence and rapid development of online car Hailing has brought huge impact on the traditional taxi industry;in recent years,a series of civil and criminal cases caused by online car Hailing have seriously infringed the rights of the public In addition,the government’s weak supervision of the online car Hailing platform,and at present there is no insurance system specifically for online car hailing,which makes it difficult to divide and investigate the responsibility,so that the public enjoys the convenience of online car Hailing while suffering from its negative impact.In this paper,legislation and supervision as a starting point,to explore the current problems in the supervision process of online car hailing,in order to provide a good system environment and useful ideas for the further development of online car Hailing industry in China.This paper is divided into five parts to discuss the administrative supervision of online car Hailing: the first part mainly introduces the concept of administrative supervision of online car Hailing.First of all,combined with the first appearance of online car hailing in foreign countries and the definition of online car hailing in interim measures,this paper expounds the concept of online car hailing,and summarizes the operation mode and development stage of online car hailing in China according to the appearance and development of online car hailing in China.Secondly,it summarizes the basic connotation of the administrative supervision of online car hailing,and clarifies the subject,object and means of the administrative supervision of online car Hailing.In the end,the paper expounds the current situation of the supervision of online car hailing in China from the aspects of supervision subject,supervision department,online car Hailing platform and the public.The second part focuses on whether we should supervise the online car Hailing.First of all,this paper expounds the viewpoint that the online car Hailing should not be supervised from two aspects: the need to protect the new things and the need to protect the market economy.Then it expounds the viewpoint that the online car Hailing should be supervised from several aspects,such as preventing monopoly from disturbing the market order,maximizing the public interest and no best means except for the intervention of public power.The third part mainly discusses the problems existing in the process of administrative supervision of online car Hailing.First of all,it expounds that the basis of setting up the "three certificates" of online car Hailing is controversial and lack of legal basis.Then it expounds that the local legislation against online car Hailing violates the legal and reasonable administrative principles.Then from the two aspects of access conditions and quantity control,the paper discusses the problem that the government requires too much on the access threshold of online car Hailing.Finally,it lists a series of problems in the supervision process of online car hailing in detail: the lack of legislation leads to the difficulty in dividing the liability in case of infringement and traffic accident;the absence of supervision on online car Hailing platform;the disconnection between government supervision and online car Hailing platform supervision;the incomplete insurance system of online car Hailing.The fourth part mainly discusses the supervision of foreign governments on online car hailing and the enlightenment to China.First of all,it introduces the situation of the administrative supervision of online car hailing in the United States,Britain,Singapore and other countries,and then it briefly discusses the inspiration brought to China in terms of the public interest,service quality and the role of the platform.The fifth part is a series of measures to further improve the administrative supervision of online carHailing.The first is to improve the license basis for the establishment of "three licenses" for online car hailing,which is to be improved by local legislation or the form determined by the State Council.Then,the guidance for local legislation is to be strengthened from two aspects of legal administration and reasonable administration.Secondly,the access threshold of online car Hailing is to be lowered from two aspects of relaxing the access conditions for online car hailing and implementing market price adjustment.Finally,the paper discusses how to improve the supervision system of online car hailing from the aspects of strengthening the supervision of online car Hailing platform,improving the examination system of online car Hailing driver qualification,strengthening the examination of online car Hailing operation vehicle quality and improving the insurance system. |
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