The Research Of Realization Ways For Natural Person Owing Taxi Management Right

From the year 1997 when 《Administrative Measures of Urban taxis 》 was jointly issued by The Ministry of Construction and The Ministry of Public Security to2015 when 《Guidance On deepening Reform and Further Promoting the Healthy Development of The Taxi Industry》and 《The Interim Measures of Management of Internet-booking Taxi Service 》 were published by the Ministry of Transport, the discussion about the reform of the taxi industry had never been ceased, especially after the concentrated outbreak of the taxi drivers’ strike in 2015 and the explosive growth of the Internet-booking taxi service under the Internet information wave,reform of the taxi industry has been again pushed to the front line. During the two sessions of the National People’s Congress and National Committee of the Chinese People’s Political Consultative Conference in 2015 and 2016, how to reform the taxi industry has become a hot topic in the transport area. Opposite to the Internet-booking taxi service, the traditional taxi industry has a problem of the franchisee which has always been the focus of the debating. In most of the city in the country, franchisee of the taxi has been limited to enterprises, keeping the natural person out who enjoys a equal status as the enterprise does in the market, which is questionable in its rightness and validity. On this basis, empirical approach, the standard methodology and the comparative methodology were used in this thesis. The theories of government and the market relations and equality of market participants were the logic start of it in light of the positive law. This thesis also mentions that the taxi franchise belongs to the common license, and it demonstrates the basic theory that the natural person can be the franchisee as well as the realistic obstacles in the way of that process. In the end, it come up with the solutions of how to get the taxi franchise for the natural person from the perspective of both the government and the natural person. For the government, it is best to transform the governing concept, establish the double track system for the enterprises and the natural person to apply for,lift the restrictions of the taxi number from dynamic adjustment, have a good service quality and a safety standard. For the natural person, it is possible to gain the taxi franchise through administrative reconsideration, administrative litigation and regulatory documents review.