Research On The Government Regulation Path Of Online Car-Hailing Under The Background Of Shared Economy

The development of the Internet and big data technology has brought about significant social and economic chanses.The shared economy,with the core of cooperative sharing,is growing rapidly and becoming a new force to reshape the global economy.Sharing economy injects innovation into social development,but at the same time brings social governance challenges.Online car-hailing,which has been controversial since its inception,is a classic example of today's sharing economy.Online car-hailing is a profound industry reform in the field of travel.Under the situation that there is a huge vacancy in the supply of traditional travel market,online car-hailing has broken the monopoly of traditional taxi market with its advantages of instant matching and real-time trading.The traditional taxi.which follows the control mode of the planned economy era,was quickly hit.Market failure is a legitimate starting point of government intervention.Although car-hailing has gained popularity among the public,its disorderly development has caused more acute social contradictions and conflicts.The necessity of online car-hailins regulation has reached a general social consensus.And the real challenge is regulation.According to the central and local legislation.which is now settled,the problem has not been properly answered.For the online car-hailing industry with totally different characteristics from the traditional industry,the central and local legislation stinctively brings it into the traditional regulation mode without changing the traditional path dependence of regulation.which hinders the innoivation and development of the online car-hailing industry.Car-hailing is an important industry that brings about changes in industrial structure and provides new impetus to economic growth in the new period.The government must deeply study and carefully consider the correct path of the online car-hailing reulation.This paper studies from this perspective.This paper is divided into four parts.The first part introduces the current situation of government regulations on online car-hail ins under the background of sharing economy and analyzes the different regulations and policies of local governments.The central legislation focuses on the formulation of principles and framework norms,clarifies the regulation objectives of online car-hailing,delegates more regulatory authority to local governments and encourages local governments to innovate regulation methods to promote the development of online car-hailing.But the implementation of central policy has gone awry.Local legislation generally presents the situation of excessive regulation.The reasons are not only the influence of urban road traffic and population density,but also the capture of traditional industries,the government's tolerance of innovative industries,or the government's insufficient governance capacity.The second part analyzes the existing problems of government regulations on online car-hailing at the present stase.The main problem has the following three aspects:First,the right to set up the administrative license for online car-hailing has its legitimacy defects.The administrative license of online car-hailing set in the form of department regulations has no upper legal basis,and exceeds the prescribed authority of the department regulations.Second.the pre-access conditions for online car-hailing are illesal.The content of vehicle and driver access clauses added by local governments violates the legislative law.administirative license law,labor law and other superior laws.Third,the concept of online car-hailing government regulation is outdated.The means of regulation follow the traditional mode and not try the new way of regulation,The color of local protectionism is strong,Emphasis on prior permission,light business and post regulation.Under the regulation,the operation mode of online car-hailing is closer to the traditional industry.The shared economic attribute of online car-hailing is seriously weakened.The third part studies the principles of government regulation on online car-hailing.Government regulation should follow the principle of law priority and law reservation.and carry out the concept of rule of law in administrative activities from beginning to end:Follow the principle of equality to create an environment of fair competition between online car-hailing and traditional taxi:Following the principle of proportion,regulation should take into account the realization of public interests and the protection of the main interests of the online car-hailing industry.Follow the principle of public participation to make the content more consistent with public opinion.The fourth part elaborates the effective path of government regulation of online car-hailing.This is also the focus of this paper.This paper proposes Suggestions for the following six aspects.First,adjust the concept of government regulation of online car-hailing.The adjustment of government regulation concept needs a buffer period.The government needs to have a deep understanding of the process of new things,continuous accumulation of experience.The relationship between regulation and innovation should be correctly balanced,the relationship between government and market should be correctly configured.the different positioning of online car-hailing and traditional taxi should be clarified,and the sharing economic attributes of online car-hailing should be thoroughly grasped.Second,lower the threshold of access for online car-hailing.The purpose of the prior review is to ensure the authenticity of the information declared by the user.The government onlv needs to conduct bottom line supervision and strictly examine the real information of vehicles and personnel under the low entry threshold.Third.establish "full-time" and "part-time" regulations to better protect the legitimate rights and interests of more part-time drivers and maintain the sharing value of online car-hailing.Fourthly,the regulation system of car-hailing cooperation should be established to form a system in which self-regulation of the platform is dominant and government regulation is complementary.It is also necessary to establish an online car-hailing industry association to allow different subjects to participate in the regulation of online car-hailing.Fifth,enrich the regulation means in and after the car-hailing event,including strengthening the data regulation means,improving the system of information disclosure,and giving full play to the function of soft regulation.Sixth,improve the legal system of online car-hailing regulation.The central government should not only fully trust local governments,but also strengthen their leadership and supervision.On the basis of correctly dividing the regulatory authority of the central and local governments.the system arrangement of combining central frame legislation with local legislation according to local conditions should be formed.