Research On Local Legislation Problems Of Online Car-hailing

As an emerging industry,online car-hailing has developed rapidly in recent years.Because it conforms to the trend of economic development and the need of people's traveling.It makes up for the shortage of traditional taxis and meets the needs of diversified traveling.In addition,online car-hailing satisfies people's longing for a better life.As a new type of transportation,online car-hailing is essentially different from traditional taxis.Therefore,it cannot be simply incorporated into the taxi supervision mode.How to conduct supervision and operation has always been the focus of public attention.The government has also been exploring the development of online car-hailing.In 2016,the "Interim Measures for Network Cars" issued by the Ministry of Transport and other seven departments legitimized the online car-hailing.So far,the "Interim Measures" has been implemented as a top-level design for more than two years.Moreover,the rules for online car-hailing around the country have also been introduced one after another and they are refined on the basis of their own development.However,local legislation failed to meet people's expectations.And it even exposes some legality defects.For example,local legislation is in conflict with the upper-level law "Legislation Law" and "Administrative Licensing Law".The access permit violates the principles of fair competition,fair employment,market priority,etc.Moreover,it also involves issues of geographical discrimination and local protection.The problems of local legislation include insufficient people's participation,lacking of a substantive filing review process.And there are issues such as the enactment of over-authorization legislation.These problems have made the legalization of online car-hailing facing development difficulties once again,and the local legislation of online car-hailing is more chaotic.Therefore,when conducting local legislation on online car-hailing,which matters are mainly supervised by local governments and which matters are freely developed by the market should be made clear.In matters that are regulated by the market independently,there should be no excessive restrictions on the development of online car-hailing.Under the background of Premier Li Keqiang's proposal to deepen the reform of the "distribution service" and transform the government's functions,the local legislation on the online car-hailing should be tailored to local conditions and boldly explored.The vision of local legislation on online car-hailing should be elevated and far-reaching.It should not excessively limit the legitimate rights and interests of citizens,and the direct intervention of the government on the allocation of market resources and market activities should be minimized.The development of the online car-hailing industry needs "the rule of good law".As a result,the local legislation of the network car should be sorted out,and the legitimacy of local legislation should be investigated in terms of legislative content,legislative procedures,legislative authority,etc.And then the local legislation of the online car-hailing should be standardized,the local legislative content should be standardized,the local legislative procedures should be improved,and the legislative authority should be cleared.Therefore,the local legislation of the online car-hailing will be promoted within the existing system and innovated outside the existing system.In addition,the benign development of the online car-hailing industry will be promoted,the public will have better travel experience.