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A Study Of Legal Problems Of The Distribution Of Interests Of Taxi Industry

Posted on:2016-07-28Degree:MasterType:Thesis
Country:ChinaCandidate:J LiFull Text:PDF
GTID:2296330461952902Subject:Law
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Because national economy and people’s living standards is developing and improving. taxi, which is an important supplement of the city’s public transport, is also growing more and more. Taxi has become an important transport of people’s daily life, especially emergency. But with the development of the taxi industry, the contradictions of the industry have become increasingly prominent, and the conflicts are continuing. Obviously, taxi industry has become the focus of public care and concern.This paper argues that interest is the root of all the contradictions and conflicts, the taxi industry has so many contradictions and conflicts, that is also because of a problem of the distribution of interests. Because of this, this paper focus on the research on the legal issues about the distribution of interests of taxi industry. According to the principle of theory to practice, while adhering to the idea of problem asking---problem analyzing---problem-solving, This paper is organized. Firstly, the paper discusses some basic legal notions, for example,taxi, the right of taxi operation and government regulation and so on. Secondly, the paper discusses legal principles and legal mechanisms for the distribution of interests of taxi industry. Then, from a qualitative case study, the paper surveys on the benefiter of the taxi industry and points out some problems about the distribution of interests First, the taxi company obtains high monopoly interests, and infringes the taxi drivers and passengers. Second, the rights of taxi drivers are not protected. Third, passengers passively accept the price of transport, and higher oil price entirely is paid for by passengers. Then, the paper analyses these three issues legally, draws the following conclusions: First, the Government and the taxi company contracts by auction, causing the price of the right of taxi operation extremely high, taxi companies increase a business investment, inevitably require an increase in interest, thereby obtaining a high interest. Coupled with a certain monopoly status, taxi companies and taxi drivers and passengers become unequal, taxi companies use the form of a contract to transfer part of the costs to the taxi drivers and passengers. Second, because the labor contract doesn’t work, and is formalized the interests of taxi drivers, are damaged, which is also a means to obtain interests for taxi companies. Third, because passengers can not participate in the process of government pricing, in addition to the blindness, lag of government pricing, the final price will inevitably harm the interests of passengers. At last, according to the above conclusions, the paper gives three basic ideas for perfecting the legal mechanism of distribution of interests of taxi industry. First, the releasing of the right of taxi operation must reflect certain public welfare. Second, the status of the two sides signing a contract must be equal. Third, the government pricing must be marketwise. Meanwhile, the paper gives the following recommendations about the reform of legal mechanisms of the distribution of interests of taxi industry: First, to change the way of signing the contract for the sale of the right of taxi operation. Second, to rationalize the legal relationship between taxi companies and taxi drivers. Third, to change the role of the taxi industry associations, and try their best to do the work well. Fourth, to perfect government pricing, and think of market factors fully.
Keywords/Search Tags:Taxi Operation, Distribution of Interests, Legal Problems
PDF Full Text Request
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