Research On Legislation Of Administrative License For Online Car-hailing

The development of the sharing economy has spawned many new affairs.Online car-hailing is a typical example.When new technologies or new business models emerge,we should adapt to the development of the market.At the same time,the legal issues that can not be ignored,The supervision of online car-hailing operations and the legislative level of online car-hailing also need to keep pace with the times and become more standardized.In 2016,the Ministry of Transport and seven ministries and commissions jointly formulated the "Interim Measures for the Management of Online Booking Taxi Business Services"(hereinafter referred to as the "Interim Measures").Local governments in various regions have also formulated local regulations to facilitate management.However,in legal practice,it is often the case that the laws and regulations of online car-hailing and cruising cars are mixed and applicable.In many places,online car-hailing is directly incorporated into taxis for combined management,and because the online driver has not obtained three business licenses(ie online booking Car operation license,online car-hailing driver 's license,online car-hailing transportation license)are punished by local administrative agencies,but China 's administrative regulations do not have relevant provisions.This article examines the administrative licensing of online car-hailing from departmental regulations to local legislation The regulations analyze the existing problems in the online car-hailing administrative licensing legislation and put forward suggestions for improvement,in order to look forward to playing a positive role in legislative improvement and judicial practice.The article mainly discusses from the "Interim Measures" and local regulations.Although the "Interim Measures" have been implemented for nearly four years,many problems have been exposed,such as the "Interim Measures" violated the "Legislation Law" and "Administrative License" Law,its establishment and establishment rights are subject to unclear laws.Perhaps the "Interim Measures" are being formulated.Although the legislative content and procedures it formulates are ok,it violates the Administrative Licensing Law.The purpose of the initial establishment of the license is that the departmental rules do not have the authority to set up administrative licenses.Three certificates have been established in the "Interim Measures",and in practice,the administrative agency directly incorporated the car-hailing into the traditional taxi range for combined supervision.Obviously,without the support of the higher law,it increased the obligations of citizens and detracted from the free economy of citizens.s right.Except for the State Council,various ministries and commissions,and local people 's governments,other subjects have no right to formulate specific regulations for administrative licensing.In many places,in order to facilitate the management of local governments,local governments have added rules for administrative licenses for car-hailing without the basis of laws and regulations.,Undermining the basic rights of citizens and increasing their obligations.They added some conditions beyond the scope of their authority.During the legislative process,before drafting the "Interim Measures" and before the legislative departments of local laws and regulations formulated laws,they did not set up hearings,etc.,did not listen to public opinions extensively,and did not explain the establishment to the public.The necessity of the online car-hailing administrative license has led to the defects in the "Interim Measures",and the confusion of the administrative regulations on car-hailing in various places has had a great impact on the development of car-hailing and the society under the sharing economy.In response to the above-mentioned problems,this article proposes to raise the upper-level legal basis of the "Interim Measures" to the level of laws and regulations,and provide a solid legal basis for the online licensing of car-hailing administrative licenses.The administrative license control of cars is different from the existing taxi model,and combined with the characteristics of current social development for differentiated management.Improve the State Council's decision to set the administrative licensing system and power,establish an evaluation and supervision mechanism,and at the same time fully respect the legislative principles in the temporary administrative licensing power and amend laws in due course.As far as the formulation of legal subjects is concerned,it is necessary to standardize the legislative subjects and to distribute the legislative power of the central region reasonably.Taking into account the respective needs of the central and local legislations,it is possible to appropriately diversify legislation.Optimize the setting of administrative licenses,rationally set the licensing conditions,introduce procedures such as hearings and demonstrations,and let the public fully participate in legislation.To sum up,the legal process of formulating theonline car-hailing administrative license,from the central government to the local government,can only maintain the order of the online car-hailing market order if it is really implemented.The vision of the local legislation of online car-hailing should be raised higher and farther,and the legitimate rights and interests of citizens should not be restricted too much.The new economic model of car-hailing requires a good law to regulate and regulate.To this end,we should sort out the current legislative status of online car-hailing,and study local legislation from various aspects,such as legislative content,procedures,legislative power,etc.,and pay attention to the legitimacy and rationality of legislation.To study the standardization of local legislation for online car-hailing administrative license,standardize the procedures of local legislation,improve the content of online car-hailing legislation,and explain the direction of local legislative power.This will promote the development and innovation of local laws and regulations on the online car-hailing administrative license,promote the healthy development of the online car-hailing industry,and make the public feel better about the convenience of online car-hailing.