Study On Legal Problems In The Taxi Franchise

In recent years, strikes of taxi trade in several cities and regions have happened in sequence. The phenomenon of strikes unveils that various contradictions and problems emerge in taxi trade. There are two meanings to conduct a study on taxi franchise system in China. On the one hand, it’s favorable toward promoting the growth of taxi trade, avoiding mass disturbance, ensuring social stability and constructing socialist harmonious society. On the other hand, based on the analysis of the problems in taxi franchise system, the author makes suggestion to improve our government’s public administrative abilities and public serving level, and to accelerate construction of the service government.The full text of this dissertation is divided into four chapters:Chapter1summarizes three kinds of management modes in taxi trade. In fact, these management modes are taxi franchise systems which founded on franchise rights. Then the author establishes the concept of public service in taxi trade, and thinks about problems in current situation of this trade.In Chapter2, the author points out many problems demanding prompt in taxi franchise systems. Currently, administrative control in taxi trade hasn’t achieved its objective, and there are four problems in taxi franchise:failure in administrative control leads to loss on social benefits; position of taxi trade has never been defined; there is no fairness in implement of franchise systems; there is no system ensuring benefits in taxi trade.Chapter3is the legal conception of taxi trade management. Based on the concept of public service, the author makes recommendations aiming at solve problems in taxi franchise, which includes four parts. In the first part, the author redefines the social functions of taxi trade, and lists legal ground of taxi franchise. Based on analysis, the author defines taxi as a kind of public transport. Therefore, it’s appropriate and legitimate to induce administrative franchise in taxi trade. In the second part, the author recommends the necessity of loosening administrative control to some extent, and gives some advice. The third part is about strengthening fairness of administrative control, including supervision in advance and subsequent supervision. The fourth part is about strengthening the protection of rights in taxi trade, including guarantying passenger’s rights and taxi driver’s rights.Chapter4is conclusion, in which the author makes a summary on the full text.