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The Application Of Theory Of Good Governance In The Governance Of Network Car

Posted on:2019-05-28Degree:MasterType:Thesis
Country:ChinaCandidate:Y YuFull Text:PDF
GTID:2416330545994287Subject:Constitution and Administrative Law
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By using Internet technology,Network Car breaks the taxi market monopoly,improves travel efficiency,and deal with the conflict between supply and demand of passenger service market.But it also brings many problems so that it is controversial.What should be focused are about whether Network Car should be regulated and how to regulate it.For the former,both academics and practitioners have already given affirmative answers.Therefore,since the relevant laws and policies come on in 2016,the focus of the discussion has gradually become how to regulate Network Car.Although the government has come on a series of new laws and policies for it,but the help is limited.The key point of this paper is that if the above conflicts can not be resolved through taking reparations on individual rules,we must fundamentally change the governance thinking: from regulatory thinking to good governance thinking.In the context of administrative law,good governance is to break the traditional fixing idea which takes "opposing" as the center of administrative law,take "cooperation" as the basis of creating new rules for improving the quality of cooperation and maintaining the order of cooperation.The governance program of Network Car in this paper is also based on the above idea.The full paper is divided into four parts:The introduction is divided into three parts.The first part analyzes the origin and significance of this topic and points out the core issues to be solved in this paper.The second part summarizes the current state of research on governance,good governance theory and Network Car.The third part combs the research methods used in this paper and points out the innovations of this paper.The first part is "Innovations and Challenges Caused by Network Car".First of all,it sorts out the twist and turn of Network Car and emphasize the Network Car is totally different with taxi in equality,openness and sharing.Therefore the taxi industry has brought great impact.Secondly,it is pointed out that Internet thinking gradually affects people's thinking by enhancing their concept of equality and awareness of cooperation and sharing.Thirdly,through the analysis of the old regulatory mode of the government,it points out that the problem of the current Network Car has brought great challenges in governance thinking,the governance subject and the governance way.The second part is "The practices and difficulties in Network Car governance." First of all,in the aspect of practices,the analyzes mainly focus on this three aspects: the thinking,the subject and the measures of governance.One of the national legislation mention that "Network Car and taxi should insist on misplaced development and differentiation of management",it provides a correct way of Network Car governance.However,in the local legislation,on the one hand,some legislators misread the above ideas of governance and formulated a series of rules based on weakening or even eliminating competition in the market and maintaining the inherent order of the industry.On the other hand,The efforts made in taxi reformation by local governments precisely show that the optimized taxi can form a good competition with the Network Car and promote the Network Car to develop in a more personalized and diversified direction.The relationship between them are cooperation and healthy competition.In terms of the subject,government is still the major subject in Network Car's governance rather than Network Car company.In terms of the measures,government would like to use administrative licensing and pay less attention in the new problems brought by Network Car.Secondly,there are three major misunderstandings on the management of Network Car.One is the misunderstanding of the governance objectives by local governments,The other is that all subjects not fully express their interests.And the last is rigid means of governance.The third part is the "Foreign experience of Network Car governance." This section mainly introduces the Network Car governance experience in the United Kingdom and the United States.Although both countries adopt different ways to solve this problem,they basically have the same purposes: they all show how the government and Network Car company to cooperate in Network Car supervision,and explain when the government should intervene,how it supervise and how to ensure the effectiveness of the supervision so that the Network Car and taxi can compete and develop in a healthy manner and avoid the risk of Network Car.The fourth part is "The transition of the governance mode of the Network Car ".It is the key of this paper and includes this three aspects: the theoretical basis of Network Car governance,the basic principle of Network Car governance and the application of theory and principle in Network Car governance.First of all,good governance is good governance,which refers to both "good governance outcomes" and "good governance ways." Management mainly studies on the former's description,while administrative law focuses on the latter'sresearch.In administrative law,"good governance" must break the confrontation between the subjects of governance to establish a series of rules which is based on cooperation,in order to clarify the scope of cooperation,ensure adequate negotiation,define the responsibilities of all subjects,expand the ways of cooperation,maintain the order of cooperation and ensure the effectiveness of cooperation.Secondly,the application of above theory should stick to following principles: the principle of equality,the principle of proportionality,and the principle of participation.Finally,under the guidance of the above basic principles,the current governance mode for Network Car should be innovated to established and improved this rules and regulations: the rules of negotiation,the rules of information regulation and a variety of responsibility mechanisms.
Keywords/Search Tags:Network Car, Governance, Cooperation, Good governance
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