An Inquiry Into Administrative Regulation Of Domestic Internet-booking Car

With the growth of internet and information technology,a new commercial activity arose in transportation service area---internet-booking car.Internet-booking car is convenient and comfortable,and has brought enormous convenience for people's traveling.Nevertheless,many problems were also discovered progressively with the rapid development of internet-booking car market.To resolve these problems,the central authority promulgated the Tentative Measures for the Administration of Internet-booking Car Services as administrative regulation,local authorities also launched implementing regulation.However,these regulations are still imperfect and many of them require improvements.This article will take legislation and supervision as the entry point,exploring the current existing problems in administrative regulation of internet-booking car,so as to put forward some feasible suggestions for improving administrative regulation.The article includes five parts: the first part is related with conceptual issues of administrative regulation of internet-booking car.This part defines the basic concept of what internet-booking car is referring to the development of internet-booking car market and the Tentative Measures,briefly expounds the range that internet-booking car covers,and involves means of administrative regulation and the relationship between administrative licensing and administrative regulation.Subsequently,it introduces internet-booking car's status transformation from illegal to legal,points out that Chinese administrative regulation of internet-booking car is at the primary stage,with quite a few regulations still need to be improved and renovated constantly.Part two elaborates the causes of administrative regulation on internet-booking car.The author first indicates market failures of internet-booking car,then proposes that there is no configuration scheme with higher efficiency,and this is why the authority has to regulate internet-booking car market.Part three analyzes theexisting Chinese administrative regulation problems of internet-booking car: lack of administrative licensing basis;various degrees of violating the basic principle of executive law in local implementing regulation;the concrete content of administrative regulation conflicts with Consumer Protection Law,Antitrust Law and Environmental Law;overmuch vague duties of supervising subject and lack of coordinating department for different divisions.Part four discussed feasible methods of Chinese internet-booking car administrative regulation.Firstly,there should be limitation when it comes to governmental regulation,and government should not excessively interfere,government's basic idea should transform from control to service-oriented;secondly,making full use of external strength,combining supervision of administrative regulation and internet-booking car platform company with industry association autonomy,motivating the potential of market entity and third-party companies,enhancing regulatory efficiency,and achieving regulatory goal in a better way.The last part aims at planning concrete proposal of administrative regulation.Starting with solving problem of lack of administrative licensing basis,setting administrative licensing via the State Council decision or local regulations and government rules under the condition of inappropriate for making administrative laws and regulations right away.Next,making principled control of local legislation to make it in accordance with the principle of executive law.Modifying and abolishing timely for regulations against epistatic law,applying preposed inspection system simultaneously;conforming principle of fairness and justice,principle of considering related factors and principle of proportionality.Third,coordinating the relationship among regulatory means and Consumer Protection Law,Antitrust Law and Environmental Law,increasing the intensity of punishment,improving insurance system;bringing fair competition inspection system into play;canceling access threshold for high-polluting vehicles.Finally,authorities should further perfect supervision system,establish coordinating department among different divisions and promote information openness,sharing,in order to realize regulation purpose by hybrid supervision model.