Study On The "Black Car" Governance In Shenyang

Into the 21st century, with the road transport market growing, The phenomenon of illegal operation which is driven by interests showed the trend of increase in the road transport market.The focus of this phenomenon, namely, the emergence of the so-called "black car" which refers to the vehicles engaged in commercial transportation without legitimate formalities in the transportation market. Since in some cities the "black car" has developed to the extent of impacting the formal taxi operators seriously, and showing a trend of increasing spread,most of the law enforcement departments across the country focus its efforts on the fight against "black car" illegal operation of special rectification actions to maintain the road transport market order, protect the operator and the broad masses of the legitimate rights and interests , but these actions has been little cause for concern. For the effective management of the "black car", the paper supported by a public management theory, combined with the actual transformation of government functions in China today, from the mining research "black car" to form the deep roots start to study the governance of the "black car" basis and the need .We analyse in-depth the "black car" appearance in the main issues of governance and the reasons for the formation of these issues and put forward the Government's management of the "black car" an effective strategy which will enable effective governance in all levels of government "black car" to provide reference, to better help government in maintaining the road transport market to be fair, just order and the environment.In addition to this preamble, the total is divided into four parts.1) The "black car" and "black car" governanceThe so-called "black car" refers to the vehicles engaged in commercial transportation without legitimate formalities in the transportation market. In some cities "black car" has developed to the extent of impacting the formal taxi operators seriously,and shown a spread of momentum. In view of the "black car" all kinds of hazards,the relevant government departments need to control them. The basic meaning of the term governance refers to the public administration of the official or non-governmental organizations within the framework in established use of public authority to maintain order, to meet the public needs process. Governance is aimed at a variety of institutional relations in the use of power to guide, control and regulate the activities of citizens in order to maximize the public interest. Effective governance must be built on the basis of countries and markets.It is the state and market-based instruments to add. The management of state and the market can make up for in the regulation and coordination of certain deficiencies in the process, so the "black car" governance is necessary which can be interpreted as the Government's relevant functional departments within the framework in use of established public authority to maintain the transportation market order to meet the public needs process. Its purpose is to relations between a variety of systems to guide the use of power, control and regulate the transport market, the main business activities in order to maximize the promotion of public interest."Black car" has a great harm to the appearance, were as follows: serious disruption of the passenger market order, resulting in unfair competition and harm the majority of the legitimate interests of the operators; to make the state's legal fees tax loss, damage the interests of the country and the people ; a great security risk, so that people's lives and property are threatened; the same time undermines the government's functional departments in the eyes of the people's prestige; seriously affected social stability, causing the country more than a taxi strike.In this paper, the following aspects to in-depth analysis "black car" exist. First, according to the law of market supply and demand theory, the implementation of quantitative controls the market imbalance between supply and demand caused by a "black car" appears the main reason. Secondly, the taxi mode of operation is the irrational "black car" appeared root causes. In addition, the temptation of high profits is the underlying causes of the "black car" phenomenon, while that law enforcement of the law enforcement agencies is difficult, the law enforcement costs are relatively high and the law enforcement techniques are backward, left the presence of black cars survival.2) The basis and need for "black car" governanceGovernment can deal with the "black car" and this is determined by the government's functions. The so-called government functions, is a society in the whole social system of government in the role and the roles. In accordance with public management theory, implementation of the Government is as the helm of state power for political domination and social management to provide products and services of public agencies, to achieve the public interest and to meet the needs of the tool is the public agency, with the political, economic, and cultural, social functions, the government's economic management functions, including monitoring and rules at the micro area of market access and market prices, etc..At the macro-areas and provide essential public products and services, through the guidance program and information services to coordinate and guide the market development. As the "black car" appears likely to endanger the public interest, undermine the Government's image and so on, the "black car" of these kinds of hazards and the Government must step up our efforts to improve road transport market norms, orderly and healthy development, in order to protect the legitimate rights and interests of legitimate operators, maintain traffic law enforcement agencies of law enforcement authority, to achieve a comprehensive well-off society Highway Development Goals to provide support for the comprehensive, coordinated and sustainable development of transport to provide strong protection.Governance "black car" function is for the Government to undertake the relevant functional departments, namely, traffic enforcement,which is the main body functions as a government executive. At present, under the State Council to carry out the relative concentration of the right of administrative punishment the guiding ideology of the pilot cities across the country to carry out experimental work to varying degrees. The relative concentration of the right of administrative punishment refers to the number of the relevant administrative organs of the right of administrative penalty together by a unified executive power; the relative concentration of the right of administrative punishment, the relevant administrative organs shall not be exercised by an executive authority exercised by a unified administrative penalty. The relative concentration of administrative punishment system is determined by the Administrative Punishment Law of China which is an important legal system. "The People's Republic of China Administrative Punishment Law," 16th article stipulates that "the State Council or authorized by the State Council, provinces, autonomous regions and municipalities may decide one administrative organ to exercise the power of the executive punishment." So, depending on whether the relative concentration of administrative punishment of the right to carry out the experimental work of the main body of traffic enforcement are of different departments, in the absence of the right to carry out the relative concentration of penalties city, taxi management functions for the city Department of Transportation to carry out experimental work the relative concentration of the right to punish the city, Taxi management functions relative concentration of penalties for the exercise of the right of an integrated urban management law enforcement agencies. Shenyang is a comprehensive law enforcement pilot city for urban management, according to the provisions of relevant documents in Shenyang city management Administrative Law Enforcement Bureau, as the Government is responsible for urban management of administrative law enforcement agencies, take the city by taxi management function, is the principal law enforcement traffic enforcement.Because of the objective existence of the "market failure" and "government failure","black car" emergence of damaged the public interest,The Government, as the central subject of public administration, public administration bears the responsibility to achieve the public interest and to meet the needs of the tool, as a public agency is bound to protect the public interest; at the same time, with most of the system as the main content of the sixth meeting of institutional reforms, in order to accurately define the premise of government functions, with institutional reforms to promote the transformation of government functions in the background ,the "black car" governance is the objective requirements of the government's role and this will enable the Government of carrying out the "black car" treatment to become necessary.3) The main problems on "black car" governanceIn the "black car" in the process of governance, despite the relevant government departments continue to study measures to increase the intensity, but still, inevitably there have been various problems, this combination of law enforcement practice, the following main issues. First, market regulation and government intervention are uncoordinated. Various manifestations of market failures to enable the Government to implement the necessary market and appropriate intervention to be necessary, usually through economic control of the government to compensate for market failures. The primary means of economic regulation for the number of controls, meaning that the natural monopoly industries, the government takes control in order to prevent the price fluctuating wildly because of investment too much (too little) or output too much (too little) , the waste of resources or lack of effective supply. China's implementation of the taxi market, the number of controls on the taxi market, tightly managed, unified too strict, severely inhibited the role of market self-regulation play. Second, the practical work of law enforcement is difficult. As the taxi market liquidity cases are cases, mainly in hard evidence, the relative human violence and resisting law enforcement and more difficult to put in place administrative penalty; Third, the law is lagging behind, for the "black car" the punishment, the law provides for fines and regulations only deal with; Fourth, policies and regulations promote a mere formality; five long government management, and linkage mechanism is not perfect; six of information resource sharing platform for the building of sound; 7 is the status of law enforcement officers to curb their enthusiasm, present, most law enforcement agencies have not yet sequence included in government, law enforcement personnel, or non-public status. 4) The approach for "black car" governanceStudy of the "black car" problems of governance in the ultimate goal is to better serve the relevant government departments to provide some good suggestions and observations to better regulate the transportation market to protect the public interest and provide the public with better service. The Government in order to effectively deal with the "black car" must make a fundamental study of countermeasures. This paper proposed the following countermeasures on the main problems. First, accurate positioning of government functions. Functions of the government to conduct accurate positioning, that is, limited administration to achieve the functions of market-oriented specific measures to reduce the market access threshold, the establishment of service-oriented government. Second, pay attention to the work of law enforcement techniques and step up law enforcement. The fact should be clearly identified by law, the administrative penalty should comply with statutory procedures, to apply sanctions based on a precise manner, and use discretion properly. Law enforcement officers should pay attention to law enforcement techniques, reduce management and improve the effectiveness of law enforcement.The third is to establish and improve laws and regulations, increase the types of penalties, increase punishment, with its market based on the comprehensive management of the operator to form a joint force in market regulation. Fourth, strengthen the publicity of laws and regulations. To raise public to resist "black car" of consciousness. Fifth, establish a sound linkage mechanism, improve work efficiency and Cooperative Engagement Capability. Sixth, establish a sound network platform full of resources sharing, reduce operating costs and optimal utilization of resources.Seventh, the sequence of the law enforcement agencies in government, law enforcement personnel to civil servants, law enforcement officers work to mobilize the enthusiasm and initiative.Of course, the "black car" governance is a long-term work, it has to with the gradual transformation of government functions to be continuously enriched and improved. Therefore, the "black car" governance of the research is a long-term issue, with a progressive process that requires theoretical and practical workers in the ongoing exploration which is the only way to improve the transportation market order, to protect the public interest and provide the public with better service.