On Perfection Of The Taxi Concession System

China’s vast territory, local governments in the region according to the specific circumstances of the taxi industry has taken a different management model. In general can be divided into three categories, namely, "Beijing model", "Shanghai model" and the "Wenzhou model." "Beijing model" are "contracting business model." In this mode, the property and the right to operate a taxi cab company belongs, between taxi companies and drivers to form a legal relationship by signing a contract operation contract. Taxi drivers through the taxi company to pay a one-time contract payments(i.e. "envy of money"), to obtain the right to operate a taxi each year. "Shanghai model" belong "bus direct mode." In this mode, the taxi ownership and management rights of all unified by the company, the company is hiring a taxi driver and sign a labor contract, the formation of the employment relationship with the taxi driver. "Wenzhou model" belong "to the individual business model." In this mode, the main operating conditions in the taxi all the characters together relevant laws and regulations, both individuals and legal persons can get a taxi franchise by auction, tender, etc. and operate a taxi. However, under the "Beijing Model" and "Shanghai model" still exist "elements of money" undesirable legal.At present, China’s regulation of the taxi industry should be the highest law of the host February 1, 1998 implementation,(withdrawn) by the Ministry of Construction, "City Taxi Management Measures" and the Ministry of Public Security jointly promulgated by the Ministry of Communications in 2015 1 March 1 implementation of the "taxi business service management requirements." That two of the legal hierarchy are all department rules. In addition, as of March 16, 2015, the local government issued a total of 117 local laws and regulations, 113 local government regulations, local regulatory documents 960. Although the large number of regulations, but the law does not rank high, just two highest rank departmental regulations.In China, the taxi industry to take the franchise system. In legal theory, franchise royalties are divided into civil and administrative concession can also be said for the licensing and royalties on the Corporation Law. Chartered Civil refers to "an bilateral agreement or license and licensee relationship of an individual or collective(franchisee) the right to use another business(franchisor) trademark and business model, in particular goods or services business activities; To get this right, the franchisee is obligated to pay to join the gold royalties to the franchisor " executive charter refers to " administrative authorities in the administrative activities of the process, the relative order of the party. legal interests and rights of its favorable. " Taxi Franchise discussed in this article belong to the latter, that is chartered public law.Administrative and general licensing royalties exist differences following nine areas: basic license different nature and legal effect of different behaviors, different conditions apply Are there different limit on the number of different procedures applicable, whether the fees and charges of different nature, whether Transferability is different, whether it can be withdrawn if the withdrawal of the license and should be different compensation and without the permission of the legal consequences of the exercise of the different permission. Although there are many differences, but the special permit boundary between ordinary license is still not very clear, you first need to be clearly defined in the legislation, followed by a detailed analysis should be based on the actual situation.For the taxi industry should be implemented if the franchise system, the dispute is also great in theory. Opponents of the main reasons: First, determine the characteristics of proposed taxi service taxi industry applicable certification. Second, consider the way resources are not being used taxi limited public resources, the taxi industry should not apply to special permission.In this paper, two levels proved correct taxi industry should apply the franchise system, first described the taxi industry to implement the theoretical basis of franchising, including jurisprudence foundation, basic economics and administrative science foundation. Then compared with the general licensing royalties on different logical structure, and based on the relevant laws and regulations should be applied to the taxi industry proven franchise system.However, under the current franchise system, our taxi industry, there is the legal system is not perfect, poor oversight and other issues, and even some of the city’s licensed taxi operators are not provided valid; thus triggered a trade monopoly, public power rent-seeking and other social issues; at the same time as the network’s development in the taxi market is experiencing car hit new software product impact.To solve the above problems, the author reconstructs the current franchise system in the taxi industry made the following recommendations: First, at the macro you want to improve the legal system of the taxi industry, to local legislation to the guidelines. At the micro level, it should open the main qualifications for the concessionaire, the release of individual applicants. Price auction method adopted lottery grant taxi franchise, while the expiration date of the rights of the taxi phase bound to set a franchise period. Secondly, the executive position clear on their role in the balance between cost and benefit point; administrative counterpart should clear their rights and obligations. Finally, we should give full play to the industry’s own initiative, to strengthen their own self-regulatory mechanism. Improve the function of the taxi industry associations to build the taxi industry guidelines and market credit evaluation mechanism, while building evaluation mechanisms taxi franchise system.