A Study On The Car-hailing Sevice’s Administrative Permission Setting

As a product of the Internet economy,online car reservation has a high degree of operational autonomy,and the market is developing very fast;while the operation industry is also a franchise industry,there is a certain contradiction between the economic autonomy of online car registration and the nature of the industry.The Interim Measures for the Management of Network Reservation Taxi Operations and Services promulgated in July 2016 has become the main legal document to regulate the operation of network reservations.Among them,the relevant contents of operation licenses are stipulated for network reservations taxi operators,network reservations taxi operators and drivers.This paper takes the establishment of administrative license for online car service as the research object.The paper is divided into four parts:The first part is the introduction,which introduces the background,significance and methods of the thesis writing.The second part is the introduction of the reality of online car booking.The specific content includes the definition and development status of online car booking,as well as the existing legal provisions to regulate the operation and service of online car booking.The third part is to sort out the existing problems of network car license.These problems include:Firstly,the regulation of network car license management can be regarded as a normative legal document at the central level,which directly stipulates the establishment of administrative license for network car service.However,according to the provisions of the Legislative Law,the regulation of network car management directly establishes network car as a department regulation.In fact,the content of administrative license for operating services belongs to the offside of legislative authority,and the regulations of this department contain the content of impairment of rights.Secondly,putting online taxi appointment in the overall background of taxi operation industry,its administrative license is temporary license,and there are still defects in the setting of authority.Thirdly,the existing administrative licensing system does not differentiate between contract cars and traditional taxis.Finally,the legal relationship embodied in the administrative licensing of contract car operation and service is not straightened out in the"Measures for the Management of Online Car Appointment",which makes the choice of the target of contract car operation licensing unreasonable.The fourth part is the corresponding legislative countermeasures for the analysis of the third part.First,we should straighten out the issue of the authority of the licensing of online car-booking business services,and set administrative licensing norms for the whole passenger transport industry in the form of administrative regulations.Secondly,we need to implement the classification and licensing system of online taxis and traditional taxis.Finally,we introduce the thinking of no-car carrier,recognize the status of carrier of network information platform company,establish passenger transport contract relationship between network information platform company and passengers,establish entrustment contract relationship with automobile company or private car,and try to carry out "government-enterprise"double-layer supervision mode,and choose network information platform company as the object of network contract car operation service license.