The Perfection On The Administrative License Of Online Car-hailing Services

With the development of online car-hailing services in China,all sectors of society have been calling for the central government to introduce legal documents as soon as possible to regulate the chaotic market.After a long period of discussion and research,on July 27,2016,seven authorities,including the Ministry of Transport,jointly promulgated the Tentative Measures for the Administration of Online Car-Hailing Services,adopting the administrative license to regulate online car-hailing services.Subsequently,there are more and more regulations appearing around the country.The Tentative Measures for the Administration of Online Car-Hailing Services is the core legislation which central government uses to regulate online car-hailing services.However,it is departmental rule,having no power to set administrative licenses and become the legislative basis for local legislation.In addition,there are flaws in the legislative basis for the administrative license by central government,and,local government rules have establish other condition in violation of the upper law.Therefore,from the perspective of legality,problems do exist with the legislation on the administrative license of online car-hailing services.In terms of rationality,despite the administrative license of online car-hailing services is necessary,the relevant licensing conditions are not reasonable,including restrictions on driver's household,vehicle prices,wheelbase and displacement,which both violate the principle of market autonomy and violate the principle of fairness.As for the problems existing on the relevant regulations,it is necessary for the central and local government to adjust and improve gradually so as to meet the requirements of relevant laws such as the Administrative Permit Law and the Legislative Law.