Legal System Of Regulating Internet Car

Since the Internet car came into being,it brings people a new trip-mode,but also incur such as the driver strike,regulatory gaps and other social or legal issues,there have been different views on its merits and demerits.Some people think that it is representative of Shared economy,also some people think that the Internet car is covered with Shared economic coat super leasing company,the theory and practice are both controversial.To clarify the nature of the platform,we must first clear what is the sharing economy,the so-called shared economy,as its name,with the "shared" and"economic" two attributes,are indispensable.Many people attach too much importance to shared attributes,but ignores the importance of economic attributes,consider the public welfare model as a representative of Shared economy.Indeed,the lift has many irreplaceable advantages,but not for profit purposes,how can it be an economic model?The current policy would be in addition to the internet car into a unified specification system,but ignoring the current network car market by full-time drivers and part-time drivers together,full-time drivers apparently does not conform to the characteristic of sharing economic:use of idle resources,has lost the"shared property",only in the spare time,by sharing the vehicle to obtain additional revenue does not rely on this source of revenue for part-time drivers can be described as truly " Shared "and" economic "attributes,it is clearly inappropriate to apply the same criteria to both.According to the different operating conditions,the current network of car market there is a full-time car,sharing economic car and ride car three models,the legal status of platform is also not the same in different mode.The development of platform are closely related to the interests of the driver,however,the relationship between the both sides is difficult to define,when the accident happened,it is difficult to accurately judge,to avoid the controversy triggered because of this,must be clear whether for labor relationship between both sides.Labor relationship dependency is the essence property of labor relationship,but dependency between platform and the driver is very weak,so will the two sides identified as labor relations is not appropriate.American states,as the birthplace of the Uber,also have different attitudes on this question,the related judicial practice disputed around the identity of the employees or independent contractors,and someone proposed to create the third category:independent worker.It also has an important significance on how to define the legal relationship.In the regulation of shared economic car,the regulatory authorities should end the protectionist supervision,change the regulatory thinking,no longer the traditional thought to formulate relevant policies,from "all have or all no regulation" to"responsive regulation",according to the reality of market development to develop a scientific and rational policy.The traditional price,quantity and other regulatory ideas,although criticized by many people,but it still has its practical significance.The purpose of government pricing is to achieve resource allocation,to maximize the overall welfare of the community,to set up a higher price than free ride but lower than the full-time car,you can make the three dislocation to achieve coexistence,at the same time can also control related risks.The quantitative regulation as a regulatory agencies commonly used regulation method,to cancel in a short time is not realistic,the reform must be gradual.In the quantitative control will continue to exist at this stage,whether it is to set a fixed number of control or set a strict threshold for disguised control,are both have some drawbacks,but dynamic regulation according to road resources,regularly adjust the number of related vehicles,can effectively solve the related problems.In the long run,we should gradually relax the government control,resulting in the complete abolition of quantitative control,to the market play a decisive role in the allocation of resources,maximum satisfy people's growing demand of trip mode.