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The Study On Taxi Concession Right

Posted on:2010-09-23Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiuFull Text:PDF
GTID:2166360275460921Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Taxi, relating to public interests, is a city public utility that provides public services. With the rapid growth of our country economy, taxi has been growing fast and becoming an important part of city public transportations. However, taxi has been regarded as a business filled with social contradictions, duing to many unexpected incidents involving mass participation have happened these years. It proves that the interests contradictions in this business has been severing and becoming social unstable factors, which deviates from the strategic objective of building a harmonious socialist society. Although the appearance of these problems and contradictions are various, it deeply relate to the management system and the concession system which is the core of the taxi business. Being a city public utility which bearing the government public policy, taxi companies' interest, taxi drivers' income and citizens' travel convenience, the interest relationship and concession system of taxi business is urgently need to be rationalized to stable the order of taxi business.The main content of the paper containing 32000 words is divided into four parts.The first part depicts the present situation of the taxi business from the taxi history. Taxi in our country has experienced from the shortage to excess, from encourage policies to licensing restriction, and gradually formed a highly regulated taxi management system which bases on concession. Then this part determines the nature of taxi business that is a city public utility providing public transportation services.The second part demonstrates the theoretical basis of the taxi concession right. The set-up of the concession system is closely related to the characters of the taxi business and has its economics, administration and jurisprudence base. The defects of the market objectively need the government intervention in the allocation of taxi resources. As an effective management tool of the government, concession is significant to the development of taxi. The balance of rights and obligations under the concession system ensure a balance mechanism and social order for the rational development of taxi.The third part presents the concession system. From the comparison of general license and special license, we conclude that special license is applicable to field of the utilization of limited resources, allocation of public resources and relating to the public interests. The road occupied by the taxi is limited public resources which need to be allocated rationally. As a part of city public transportation, taxi is a special business which satisfy the basic need of citizens daily travel. Taxi defects of high energy consumption, air pollution which concern citizens' daily life. Therefore, taxi is belong to the concession due to its public interest nature. The different combination of the concession context causes various models of the taxi management system in many cities of our country. So this part proves that it's necessary to research on concession system as a core of taxi business through view of the models and value of taxi management system.The fourth part proves the legal nature of taxi concession. Firstly, it has exclusive nature to some extent displayed in fixed parties, limited transferring right and special protection. Secondly, it has nature of property, because the government creates revenue through selling the taxi concession right and it does bring exclusive income to taxi drivers after they buy the taxi concession right. And the nature of property also displayed in mortgaging, pledging and transferring in some cities of our country. Lastly, it has the both administrative and civil nature. The administrative nature displayed in statutory authorizing subject, process, context and disputes rules. The equal legal status of the two parties, free expression and the principle of opening and efficiency display the civil nature.Postscript: The article mainly focuses the theoretical bases and legal nature of the taxi concession right, while not much attention is given on how to improve and perfect the taxi management system in detail. But the article holds the view that the improvement of the taxi management system should based on the legal nature of the taxi concession right in order to build a taxi concession system which balances the personal interest and public interest.
Keywords/Search Tags:Taxi, Concession, Legal Nature
PDF Full Text Request
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