Study On The Legal System Of Market Access For Online Car-Hailing

On April 15,2015,the first case of tailored taxi service was held in Jinan Shizhong District People's Court.As an emerging Internet product,it is the first time of a dispute involving the online car-hailing service to be put under the sword of Damocles in China.On October 7,2016,the case of Illinois Transportation and Trade Association v.Chicago government was adjudicated by the United States Court of Appeals of the Seventh Circuit,in which the plaintiff's claim was rejected.With the increasing influence of online car-hailing on people's life,disputes relate to it began to flood into the courtroom.Since free market was unable to reach a balanced and stable competition environment,the government begins to intervene,using government power and judicial power as the last defense,and entered into a brand new field.Comparing to the traditional taxi service,online car-hailing is more welcomed by the public,for its features such as being operated basing on Internet platforms,allowing private cars to participate in the market as competitors,and having an unique pricing and billing methods.This greatly affected the competition in the traditional taxi market.Thus for these numerous differences between these two services,these two market cannot be treated equally by regulatory authority.Being the threshold of the market,the market access system is of self-evident importance.The legal institution of market access for online car-hailing is an issue of strong influence and high researching value at home and abroad.However,this topic still has many controversies which are very urgent to be resolved.This paper begins with the definition of online car-hailing and taxis,and introduces the conceptual and researching value of the legal institution of market access for online car-hailing.Then this paper enumerated and compared the regulations of several representative cities,the selection of which considered the current legal institution,and disclosed the existing controversies and problems,while the city's other public transport regulations are also briefly introduced.After studying advanced experiences of foreign countries and existing problem,and after analyzing through relevant theories and doctrines,this paper finally put forward corresponding suggestions to improve them.