Research On Legal Supervision Of Online Car Appointment In China

The network reservation taxi(hereinafter referred to as the network car)is one of the new products of the 21st century,with the rapid development of the sharing economy.Due to the individualized travel requirements of each person,the network car is convenient and efficient,and includes a variety of types such as carpooling,shuttle,booking and pick-up.The service form that can be personalized and selected is loved by the masses.However,things have two sides.As one of the superstructures of economic development,the law should be correspondingly perfected in construction.The construction,improvement and refinement of the legal supervision of the network car has become a new topic.In 2016,China issued the "Guiding Opinions on Deepening Reform and Promoting the Healthy Development of the Taxi Industry"and the"Interim Measures for the Administration of Online Booking of Taxi Operating Services",and the legal status of the network car was recognized.Although the national and local levels have continuously come up with new regulations in recent years,according to the case in practice,the positioning of the network car platform,the relationship between the platform and the driver,and the compensation subject in the network car accident There are many controversies in the identification.Therefore,while enjoying the rapid development of the economic direction brought by the network car,how to balance the personal rights and property rights of the platform,drivers and passengers is a key issue that needs to be solved.A healthy,efficient and orderly network operation environment depends on scientific,reasonable and perfect legal supervision.The social problem brought about by the birth of the network car is that there are many subjects involved in the network car accident,and the relationship between the subjects is not clear,and it is difficult to determine the legal relationship.From the perspective of legal supervision,the characteristics of the network car are that there are many types of platform companies operating,the relationship with the driver is not clear,and it is difficult to clearly identify the main body of the accident.To solve the problem of supervision on the Internet,it is necessary to carry out a clear direction from the high-level law.At the same time,the detailed rules in the local rules can provide clear and clear guidelines for different cases in practice.From the perspective of law,especially from the perspective of economic law,the first thing to clarify is the specific difference of the operating mode in the platform practice,and distinguish the classification of the network car.At the same time,it is compared with the traditional cruise taxi,in order to clarify the ideas and starting point of supervision.At the same time,combined with some comparatively valuable cases to compare and analyze the regulatory problems in the real legal regulation,so as to put forward a trade-off between the driver's perspective and the passenger's perspective.It draws the development direction of the country's regulatory thinking and supervision mode,proposes a development path for China's network car legal regulation,improves the supervision system of the network car,and promotes the healthy development of the network car.