Research On The Legal Predicaments And Countermeasures Against The Operating Of Ridesourcing Service

After the second half of 2014, the arising of the ridesourcing service, as well as the large amount of subsidies given to users by ridesourcing service platforms, has resulted in the losing of passengers of taxis twice, and then led to the strong protest of taxi drivers, the crackdown of the regulators and the high attention of the public. Indeed, the ridesourcing service has exerted some influence on the taxi industry and doesn't completely conform to the transportation regulations. However, it's an emerging service, of great value in facilitating transportation, optimizing taxi industry, making full use of the idle car resources and driving labor resources, and creating opportunities for employment and income increasing. Considering the above value of ridesourcing service and law's limitation of lagging behind the reality, the justifiability of ridesourcing service, which should be given legal status, should be recognized. It's in line with the requirement of the theory of the relation between government and market, principle of contractual freedom, rule-utilitarianism, etc. At present, the ridesourcing service is confronted with the legal predicaments of illegal operation, unfair competition, infringement of consumers' right to safety and drivers' labor rights and interests, and the unclear distribution of liabilities. These indicate that the ridesourcing service is right in need of the guidance and regulation of lawmakers and regulators.Besides Introduction and Epilogue, this paper is divided into the following four parts:Part I mainly discusses the basic legal problems of ridesourcing service, including the disagreement on its legal nature and its legal relations under different operating patterns, also the demonstration of its justifiability from the view of history, practice and theory.Part II summarizes the primary legal predicaments confronting the ridesourcing service in terms of market access, consequence of the operating behavior and the operating liabilities.Part III introduces and compares California's TNC act, Washington, D. C's PHV act and London's act and regulations on PHV.Part IV makes basic formulation about the standardized operation of China's ridesourcing service. First of all, Lawmakers should prescribe the legal relations between each party under different operating patterns. Secondly, Lawmakers should establish reasonable market access system. Thirdly, Lawmakers should change the traditional regulating ideas into such new ideas to apply to the ridesourcing service as attaching equal importance to protecting consumers' rights and interests and encouraging innovation, collaborative governance. Finally, Lawmakers should perfect the system of damage remedy.