Local Legislation About Online Car-hailing Problem Research

The online ride-hailing has developed rapidly in recent years and gradually has became a large-scale emerging industry.In response to actual needs of the public transport,the legal status of the online ride-hailing has been confirmed with the Interim measures for the administration of online ride-hailing management introduced by the state in2016.However,as an administrative rule,the legal effect of the regulation of the online ride-hailing is doubtful since the supervisor mode is to establish new administrative licenses.Subsequently,responsing to the central government's call,local authorities implemented regulations of the local online ride-hailing successively.Nevertheless,most cities only introduced normative documents,which do not belong to the local legislation of the ride-hailing car in practice.There are many problems in the legislation of the local network.As the source of the legitimacy,The Interim measures for the management of online ride-hailing has its own defects,so it is difficult to become the authorized subject of local online ride-hailing legislation.Several implementation rules of the online ride-hailing enacted by the local city government conflicted with the higher-level law s or violated due process.Take Qingdao as an example,the city government may guide price when necessary is not in accordance with the provisions of the price law;increasing administrative licensing conditions violated administrative licensing laws,and restricting registration is difficult to pass a fair examination system.The local online ride-hailing legislation can be settled both in and out of legal legality system.On the one hand,the illegal implementation rules of the online car-hailing system can be revoked or changed through filing and inspection procedures and fair examination system.On the other hand,the governments of the municipalities with districts could be endowed with the right to create temporary administrative licenses.The legislative authority of the city government should be increase to comply with the needs of urban management.