Analysis Of The Case That Mr Chen Filed A Lawsuit To J City Public Passenger Transport Management Service Center

Far less than the proportion of transportation "for" the "to", the gap between them makes the taxi "car" appeared on the market, "black car", and "car", "black car" has spawned a certain market, especially along with the network popularization, there is a new way of operating, by taking a taxi software companies and taxi companies affiliated formalities, and then send a taxi to the software company through labor export company "car" driver to take a taxi on a taxi software not specific public provide limousine service, so as to avoid the road transport administrative department of road transport business license. Implement a licensing system for taxi passenger transportation management in our country, the vehicles for road transport operations, to pass the road transport management institution of road transport business license, the driver must obtain a Transportation management certificate passenger motor vehicle driving license, certificate and vehicles. This will not get permission, without authorization, is engaged in the taxi traffic operation behavior is called the illegal operation. According to the investigation, handling and banning unlicensed way ", private cars are attached to the car rental company, engaged in car service behavior, belong to the operating certificate has been obtained illegal operation without authorization. On April 15,2015, China's first special administrative lawsuit caused extensive concern of the public, the case is referred to as "national car first case". On January 7,2015, Mr Chen in the north fuJian J city west railway station, a guest tube in J city law enforcement officers at the centre of the interception, because its not taxi Transportation management certificate, law enforcement personnel according to the thought, Mr Chen passenger behavior suspected of illegal illegal business passenger rental car, the vehicle in accordance with the law temporarily seized on the spot. Guest tube in J city center will be Mr Chen qualitative for illegal business passenger cars, passenger behavior to Mr Chen "shall be ordered to stop the illegal act and fined 20000 yuan, confiscate the illegal income" administrative penalty decision. Mr Chen for the guest to the administrative penalty issued by tube center in J city, on February 13,2015 to J city guest to J tube center city S district people's court, demanding guest tube in J city center scrap on the administrative penalty. Guest tube in J city center, the government department that is responsible for the management of transportation industry to become the party sued, makes the case caused extensive concern of the society groups. Direct reaction of the future "car" in the taxi market status, whether can cause the taxi market management system reform, this case is a matter of "car" in the taxi market, so the case as the national "car first case" for the taxi market management is of great significance for the future. So far, the four times the hearing is adJourn to the case, in the process of trial, committed to subJect qualification, the evidence fact, applicable law and the administrative penalty procedure four focus issues are controversial. Through the understanding and analysis of the case, the author thinks that guest tube center in J, without the authorization of laws and regulations, there is no mandate, so do not have the power, neither have the subJect qualification. of the administrative punishment; J guest tube center for Mr Chen engaged in passenger behavior without authorization of the fact that clear, clear evidence; J guest tube center to make the administrative punishment law is unknown, and the penalty is not the facts and evidence to support; In the process of law enforcement, the implementation of the seizure of the compulsory measures, but do not have right of administrative enforcement measures, at the same time, guest tube in J city center did not make the illegal investigation report illegal.