| Online Taxi Booking has brought great changes to the travel modes, and has become an important supplement to the urban communications. Because of its characteristics, it caused some problems including risk of the passengers' personal security, lack of legal remedy, and the business conflict between Online Taxi Booking and Cruising Taxi etc. In recent years, the management of this industry has caused extensive discussions in the society.In the marketing economy era, the government no longer takes any tough administrative measures to ban a new business model. In 2016,the first national legal document Interim Measures for the Administration of Online Taxi Booking Business Operations 'and Services released, which indicated that the government finally found a general plan on the legal recognition and commercial affair management of Online Taxi Booking. However, the document has not solved all the problems. Generally, the government's measures are not precise enough as well as conservative. Meanwhile,there are also some new problems. As a result, it is necessary to find out the corresponding solution to the present legal risks under the recent system.The core idea of the paper should focus on Online Express Taxi and Online Free Ride Taxi. These two modals have the most people involved,show the sharing economy's value most, and simultaneously have the most problems. The paper begins with legal relationships in some typical Online Taxi Booking transactions, and then analyzes the 'Interim Measures'.The writer tries to find out several major legal risks that may occur during the business transaction under the current regulatory system, and put forward some personal suggestions to the administration of the industry.The first part describes an overview of Online Taxi Booking. In this part, the idea that Online Taxi Booking has research value will be stated, because it's equipped with Cruising Taxi's gene and the superiority of "Intenet+Business". Then the problems caused by the business modal will be described, such as infringement, tensions between Online Taxi Booking and Cruising Taxi, legal remedy, in order to prove that it is necessary to conduct research about the administration of the new business modal.The second part analyzes the legal relationships in major operation modals like Online Express Taxi and Online Free Ride Taxi. The writer has his own comment on the current academic opinions and puts forward his own point of view.The third part is the writer's analysis of the current regulatory system. Firstly, the writer tries to explain the current situation of the regulatory system,and focuses that the new'Interim Measures' has a positive effect, but lacks refinement in the meantime. The part discusses that there are still some problems we need to solve. The government is not neutral when balancing Online Taxi Booking and Cruising Taxi. The law recognition of the part-time Online Express Taxi drivers is not clear enough. Online Free Ride Taxi has no national regulation. The whole industry still lacks effective legal remedy system.The last part puts forward solutions to the problems mentioned above. Firstly, the part demonstrates that the government should maintain a neutral attitude in the development process of business through the analysis of the basic commercial theory. It is not advisable to give too much legislative power to the local government. Secondly, it is necessary to attach importance to and clarify the commercial status of the part-time Online Express Taxi drivers to distinguish them from the labor-employed Online Express Taxi drivers, thus ensuring their legitimate rights and interests. Thirdly,based on the actual demand,the non-commercial judgment standard of Online Free Ride Taxi should be clear, providing Online Free Ride Taxi with legal guidance. Finally, the law should protect the multiple participants by legal remedy system and legal responsibility system. |
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