Administrative Regulations On Car-hiring Service

With the rapid development of network technology and the arrival of the era of shared economy,the network booking taxi service came into being,also known as car-hiring service.Which has many different characteristics of the traditional parade taxi: First,in the service model,with smooth communication and no need to wait for the edge of the street.Second,the payment method is simple,the cost of payment through mobile phones,etc.,no longer use cash settlement.Third,the vehicle idle resources to be efficient use,but also for many people to create a part-time or full-time car-hiring service driver opportunities.From the foregoing we can see that the car-hiring service has many features and advantages,but also led to many conflicts.Among them,the conflict between the car-hiring service and the traditional parade taxi is the most significant: First,the car-hiring service to break the traditional parade taxi monopoly interests.The economic pressure from the taxi driver which should pay “part money” becomes larger and the market share is reduced.Second,the traditional taxi has a public property,through the administrative license to obtain the right to operate,and car-hiring service is not a public property but occupy the road resources and share the passenger resources.Third,the market access threshold is also lower than the traditional taxi industry,did not implement the "license control" system.Fourth,the emergence of car-hiring service objectively reflects the volatility of market demand,only the demand side of the stimulus will lead to the supplier's active reform,the government in the administrative law of the car to regulate the public interest for the purpose of rational use of industry guidance,to reduce the negative development of market development,can not protect the traditional taxi industry group interests and suppress the car-hailing service.In fact,the face of the new changes in the transportation market,the Ministry of Communications and the Ministry of Industry and other central departments and local people's governments have been timely regulated.The Ministry of Communications as the competent authorities,the following regulation: First,recognized the legal status of the car-hiring service.Second,the former has been made a rigid provisions from the vehicle,driver and car-hiring service platform and its business conduct.Third,cleared the legal responsibilities of each subject.Fourth,the price of car-hiring services to a large degree of relaxation,determined by the market and regulation,nolonger implement the government guidance price.However,the departmental regulations of the Ministry of Communications,as a matter of enforcement,still have shortcomings that lack legitimacy when creating administrative licensing matters.This is also reflected in the field of administrative law regulation of our many problems: First,the absence of administrative laws and regulations,only the “Road Transport Ordinance”,an administrative regulation to regulate the car-hiring service.Second,the administrative licensing system Non-standard,especially the market access threshold,price control and quantity control,etc.Third,the administrative legislation process is not standardized,heavy entity and light procedures is a long practice,public participation in car-hiring service participation is not high.Therefore,the administrative law of the car-hiring service should:First,follow the principle of legitimacy,rationality principle,proportionality balance principle and administrative benefit principle,which is the prerequisite for the regulation of administrative service administrative law.Second,improve the administrative legal system,integrate the existing legal resources,through local laws and regulations.Third,standardize the administrative licensing system,reduce the market access threshold,get rid of the number of control and price control of the inherent management thinking.Fourth,the provisions of the rules and regulations of the executive status of the law,not to regulate the administrative status of the regulations.Fifth,standardize the administrative and legislative procedures,move the main body to diversify,strengthen the public in the role of administrative legislation,including the hearing and demonstration,including the establishment of administrative legislative procedures.This paper studies the status and improvement of the administrative law regulation on car-hiring service by means of literature analysis,comparative analysis and interdisciplinary research.In the environment where the economy is booming,the administrative law of the car-hailing service should be the common interests of the whole society to meet the travel demand of the passengers and promote the change and innovation of the traditional taxi industry to form an orderly and healthy transportation market environment.