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A Preliminary Study On The Administrative Regulation Of The Operation Mode Of The "Chauffeur-driven Car-on-demand"

Posted on:2017-04-22Degree:MasterType:Thesis
Country:ChinaCandidate:X PanFull Text:PDF
GTID:2336330488951436Subject:Constitutional and Administrative Law Law
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In recent years,Because of the innovation and development of Internet technology and popularzation.the sharing economy relied on it has also been considerable development.The double whammy of current regulation system of public transport in our country in the administrative monopoly and economic monopoly.'Chauffeur-driven car-on-demand' sevice mode of economic subject in market demand has emerged in itself and a new mode of city public transportation.And by providing personalized and differentiated services quickly by the market and consumers.The operation mode of the "Chauffeur-driven car-on-demand" is different with the traditional taxi industry.It relying on the Internet instead of Street Patrol mode.It takesthe orders through the taxi information issued by taxi software platform.Passengers sent the information of their travelling to a taxi software platform.Taxi software platform establish a link between the driver and passengers through the transmission of information.Such a taxi mode greatly saves social resources and reduces the vacancy rate and saves the time of passengers' travel.But the emergence of a new thing always has two sides,the "Chauffeur-driven car-on-demand" industry for passengers to provide convenient,reduce the taxi empty rate etc.have a positive role,but in the development process or the existence of a certain legal risks and security risks.For example,the standard of its access mechanism is too low.The examination of taxi software platform for the "Chauffeur-driven car-on-demand" is not rigorous.Driven by the huge economic benefits,many private car drivers will be able to engage in shuttle service without the passport of the review.Our laws have different regulations for operating vehicles and private cars.The drivers engaged in vehicle operators must be devoted to the driver's license,operating vehicle inspection and private car inspection,some local regulations operating vehicles check the number for one year of times,and for the private car inspection relatively loose.In the insurance,the insurance company for the two kinds of vehicle insurance coverage is different,if the traffic accident or crime,the responsibility to which one,whether taxi software platform needs to be responsible for.The vehicle and the driver of the "Chauffeur-driven car-on-demand" operating without special training,there is no special authority for record,because regulation is not in place,"Chauffeur-driven car-on-demand" drivers' crime cases emerge in an endless stream,so that the safeties of passengers are difficult to guarantee.The "Chauffeur-driven car-on-demand" industry appeared with the price war,taxi software platform subsidies for driver and passenger in order to occupy the market quickly.And this is undoubtedly a great impact on the taxi industry,is an unfair competition.In view of the problems of the "Chauffeur-driven car-on-demand",in order to protect their own taxi industry,many countries included in the scope of the prohibition,introduced related to legal recognition of the "Chauffeur-driven car-on-demand" service an illegal operations,is another form of car this also set the storm around the fight against "Chauffeur-driven car-on-demand".For this new mode relating to public interest Internet,simply identified car illegal and banned apparently lack of thinking of the rule of law and does not meet the requirements of economic development and rules,is administrative ills,so it is necessary for a perfect relevant legal and regulatory system for this new mode,we should make up for the vacancy of laws as soon as possible,improving relevant laws and regulations.The "Chauffeur-driven car-on-demand" on the governance,drawing on the experience of foreign countries,especially based on the governance experience of American's,and put forward the following suggestions:first of all,for the "Chauffeur-driven car-on-demand" industry to develop relevant laws and regulations.To clearly define the nature and the legal status of "Chauffeur-driven car-on-demand","Chauffeur-driven car-on-demand" industry access standards of scientific development,on the "Chauffeur-driven car-on-demand" industry of unified supervision,from all aspects of "Chauffeur-driven car-on-demand" industry development norm.Secondly,setting Chinese "Chauffeur-driven car-on-demand"industry regulation agencies scientifically,established the State Council,the Ministry of transport for the "Chauffeur-driven car-on-demand" industry,regulatory authorities established by the Ministry of transportation for the coordination of departments and other agencies supervision coordination mechanism.Finally,encourage the limousine service administrative regulation and self-regulation of the industry combined,developing the industry standards by industry associations,from their own"Chauffeur-driven car-on-demand" vehicle and the drivers of constraints,the car market norms,to ensure the orderly development of the "Chauffeur-driven car-on-demand"industry.
Keywords/Search Tags:The operation of the "Chauffeur-driven car-on-demand", Administrative regulation, Legal perfection
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