Study On The Access Regulations Of Online Car-hailing Services

As a new industry under the Internet,the online car-hailing services has been in controversial since its rise,suspection of illegal operation has been a block on its way.In July 2016,seven ministries of the State Council jointly issued the “online car-hailing services management Interim Measures”,marking the legalization of the services.In the nature the access of the online car-hailing services is the administrative license.However,from the perspective of administrative licensing law,it is illegal for State Council ministries and commissions to set up administrative license with departmental regulations.The Requirement that drivers,vehicles and platforms are all should obtain the provisions of permission,follows the traditional taxi access system.Local government also issued regulations,existing these following questions: add administrative licensing conditions;improper restrictions on the model violates the principle of proportionality.To establish the administrative license,the State Council shall formulate administrative regulations as a legal basis.It is currently possible to use the decision of the State Council to issue it.Besides that,it is possible to design a mode that “government supervises platform and platform manages drivers and vehicles”,retaining the license of the platform,canceling the administrative license of vehicles and drivers.It is also necessary to reduce the access threshold to activate this new industry.