| The taxi industry under the traditional franchise system,due to quantity control,strict license management and other access restrictions,is lack of market competition.And there is always a phenomenon that taxi drivers refuse to carry passengers or make passengers get off early without arriving destinations.Based on the "Internet +" era,"Internet + traffic" forms the online private-car-hailing.The combination of Internet and private car idle resources,is not only have the transport services function as the traditional taxi industry,more extensive coverage,more convenient than traditional taxi industry,but also promote to construct green pollution-free ecological civilization.However,while people enjoy the convenience of online private-car-hailing,it is caught in the dispute of alleged illegal operation.On July 27 th,2016,the Ministry of Communications,the Ministry of Public Security and other seven departments jointly issued a "network reservation taxi management services Interim Measures",and it was officially enforced from November 1st,2016.Which affirmed the online private-car-hailing's legal status and established a legal framework for the regulation of internet private cars.Subsequently,Shanghai,Beijing,Guangzhou and other cities developed the implementation details in accordance with the approach and their own conditions.Taking practice into account,according to the interim measures and implementation details,the regulations on the private car market have many problems of regulation.First,as to the provisions of the online private-car-hailing about the driver qualification,Beijing,Shanghai and other cities have to have a local household registration,and they need to apply for a network of rental taxi driver's license.The limitation of the household register,violated the equal employment right of the private car drivers.As the traditional taxi license management,implementation is difficult,and it is not conducive to the development of the network under the car sharing economy.Second,as to the network private car vehicles,most localities have asked the vehicle wheelbase or displacement must meet a certain range,and some areas even stipulate the lowest price of the vehicle.These Provisions are not directly related to the safety that the local government emphasized.The safety of the vehicle is qualified unit performance standards,rather than these simply the external conditions.Third,as to network car platform companies' responsibility,Legislation defined the legal status of the carrier network platform company.Which is conducive to the protection of consumers,but when there is a part-time network private car service,network car Platform Company at this time in the internal legal relationship is more in the position of the broker.Therefore,we should improve the rules,allowing the network car platform company in a part-time network about private car owners can recover when there is a fault.Fourth,as to consumer protection,legislation should take the interests of consumers as a guide,give full consideration to the interests of consumers,and improve the infringement of consumers when the default mechanism,and provide convenience for the disabled and other vulnerable consumers.For the regulation of the network private car,it should not be simply regarded as the traditional taxi industry of the Internet into the previous regulation system pattern.The existing legislation should not be the industry limit law,but should be industry promotion law.Making a distinguish between full-time network private car service and part-time network private car service can make the legal relationship between the main body clear and avoid the it being generalized.The regulator should adopt the principle of promotion and the principle of distinction to regulate the network private car market,relax the access conditions of private car accessing network car platform appropriately,and take the legitimate rights and interests of consumers into account. |
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