The Research On The Legal System Of Carpooling In China And Its Improvement

With the rise of the sharing economy,there is a dilemma to balance government regulation and the development of sharing economies.Carpooling has been supported and encouraged by the government,however,there are many problems during the regulation.Based on the empirical research on the legal system of carpooling in China,through sorting out two legal documents related to carpooling issued by the central government and the current effective legal provisions of 124 cities,and found the existing problems in the legal system of China's free-riding regulation,including: the lack of legislation;the existing regulations lack the prior review procedure and the standard of fees are vague,the existing unreasonable restrictions;and there are many problems in the regulatory practice,including inadequate supervision of the platform,unclear responsibilities of the authorities,and incompatibility of the traditional regulatory mode.Based on the practical experience of legislation and supervision mode overseas,a model of “self-regulation of the platform under government regulation” is constructed.Under this mode,proposals are put forward for the regulation of the government and the platform,i.e.the government needs to formulate higher-level laws and regulations,improve the price regulations,conduct fair competition review of the regulations,establish a cross-administrative regional regulatory regime and strengthen supervision on the platform.Regarding the platform self-regulation,it should improve the pricing of the carpooling,strengthen the route monitoring and warning settings,and enhance the background information review.