On The Examination Of Fair Competition In Local Ride-sharing Regulation

Ride-sharing as a new form of shared economy,is a major innovation of "Internet+ transportation".Since its emergence,it has been in a controversy.On July 28,2016,the General Office of the State Council issued the Guiding Opinions on Deepening Reform and Promoting the Healthy Development of Taxi Industry.The Ministry of Transport and other seven ministries and commissions issued the Interim Measures for the Management of Ride-sharing.At the National level,they set a series of the market entrance limitation on driver,platform and vehicles of Ride-sharing,especially,Local people's governments.So Ride-sharing has been formally legalized.Since then,local governments have issued the relevant implementation rules.As of February 4,2018,190 cities have issued the implementation rules for the management of Ride-sharing.However,after the implementation of the new policy,the previous disputes have not been ended.On the contrary,Local Ride-sharing regulation itself have become the focus of various disputes,especially the provisions on market entrance limitation such as drivers,platforms and vehicles.Under the background of the Nineteenth National Congress on further implementing and perfecting the fair competition examination system,"fully implementing the negative list system of market access,clearing up and abolishing various regulations and practices that hinder the unified market and fair competition",This paper takes 114 local cities and 120 local rules of Local Ride-sharing regulation collected by Peking University Fabao as an empirical research sample,and uses specific empirical analysis methods such as statistics to summarize the substantive legal issues related to fair competition examination in the Local Ride-sharing regulation,so as to make an empirical analysis of them.Specifically,firstly,it analyses the market entrance limitation of drivers from the empirical point of view,such as residence registry,,education level,age,health,etc.Then it makes a fair competition examination on drivers of Ride-sharing regulation from the formal legitimacy and substantive legitimacy of the fair competition examination system.Secondly,from the empirical point of view,this paper analyses the market entrance limitation of platform of local Ride-sharing regulation;Then it makes a normative analysis of them.Finally,from the empirical point of view,this paper analyses the market entrance of vehicles ofRide-sharing,such as registration,wheelbase,vehicle price,displacement,vehicle age,driving mileage,endurance mileage,insurance and so on,and then carries out a fair competition examination.This part is mainly from the perspective of fair competition examination to clarify the market and government boundaries,strengthen the fair competition examination of the local Ride-sharing regulation;adhere to the rule of law supervision,a comprehensive review of the legitimacy of the local Ride-sharing regulation;adhering to the spirit of "inclusive and prudent supervision" and lowering the threshold of access to ride-sharing.