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Research On Government Regulation Of Excessive Competition In The Background Of Sharing Economy

Posted on:2020-09-30Degree:MasterType:Thesis
Country:ChinaCandidate:Y H YinFull Text:PDF
GTID:2416330590493353Subject:Law
Abstract/Summary:PDF Full Text Request
Since entering the era of mobile Internet,all kinds of APP have greatly facilitated our lives,such as Didi Dache,Mobike bicycles,new technologies and new models.Premier Li Keqiang first mentioned the sharing economy at the annual Davos 2015 meeting in the summer and officially wrote it in the 2016 Government Work Report,which means that the government has raised it to the height of the national development strategy.Under the background of the booming sharing economy,the sharing of bicycles with innovative business models generated by the combination of Internet technology,Internet of Things technology and rental bicycles was born.The shared bicycles have solved the "last mile" stagnation in short-distance travel with the advantages of green low carbon and convenient and quick.However,the rapid expansion of its industry and the development of its own,the excessive competition between enterprises has brought many problems to the city and users.The government has issued normative documents and vigorously rectified it.Although it has achieved certain results,it still has many drawbacks.From the perspective of government regulation,this paper analyzes the existing government regulation methods and regulatory documents,and on the basis of affirming the effectiveness of current government regulations,it conducts research and analysis on the legislative and law enforcement links of the government regulation process,mainly from the perspective of administrative law.Disadvantages and deficiencies,and propose a solution to improve its shortcomings.The structure of this paper is divided into an introduction,a body and a conclusion,in which the body is divided into four chapters.The introduction part introduces the background of the topic selection and the significance of the topic selection.It summarizes the research progress of the domestic government regulation of shared bicycles,sorts out the normative documents of the current domestic regulation and sharing bicycles,and briefly introduces the research ideas and research methods,mainly the literature analysis method.,normative analysis and methods of law and economics.The first chapter mainly expounds the basic theory of shared bicycle government regulation,and defines the concept of whether shared bicycles belong to the sharing economy.It focuses on the development of shared bicycles,the basic legal relationship of sharing bicycles,and the necessity of government regulation to share bicycles.This paper sorts out the rise and development of shared bicycles,and discusses the research on the legal relationship of shared bicycles in the academic circles.It demonstrates the necessity of government regulation of sharing bicycles from the perspectives of law,economics and public management.This lays a theoretical foundation for further discussion on the issue of shared bicycle government regulation.The second chapter analyzes the status quo of the government's regulation of shared bicycles,and selects several typical entry points from the macro level and the micro level to carry out more detailed research and analysis than the normative documents in the literature review.On the basis of affirming the positive effects of the existing government regulation,the third chapter puts forward several prominent problems in the current government regulation process: administrative punishment is in trouble,administrative legislation violates the legislative purpose of the upper law,and restrictions on the release of bicycles to circumvent the Administrative Licensing Law.The restrictions,the deposit supervision and the anti-monopoly regulation are not effective.From the perspective of law enforcement and legislation,whether the government implements administrative regulation measures is legal and legal,whether the government establishes administrative regulation measures are legal,legal,and whether the normative documents are legal,reasonable,and enforceable have been thoroughly explored and analyzed.The fourth chapter gives a solution to the above-mentioned problems.The solution path is solved by strengthening the third-party obligation system of administrative law to solve the administrative punishment dilemma,and to improve the legislative restriction of local legislative authority to achieve the purpose of the upper-level legislation.Keep the system integrity and order of the law in order,and establish a perfect administrative licensing system to allow unqualified enterprises to withdraw from the market in advance to avoid operational risks,from the perspective of deposit regulatory body setting and deposit supervision laws and regulations.The improvement of supervision put forward suggestions,and suggestions from the improvement of relevant concepts and the improvement of big data monopoly regulation on the improvement of anti-monopoly regulation.The innovation of this paper lies in the summary of the regulation methods and regulatory documents of the current government regulation of shared bicycles,points out several problems of government regulation from the perspective of administrative law,and proposes a solution to improve the regulation,which is better for government regulation.The operation on the rule of law track provides a reference idea.
Keywords/Search Tags:Shared bicycle, government regulation, administrative punishment, administrative legislation, administrative license
PDF Full Text Request
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