Research On Local Legislation For Online Car-hailing

On July 27,2016,the Interim Provision on Operation and Services Management of Car Reservation via the Internet,jointly promulgated by the seven ministries and commissions including the Ministry of Transport and the Ministry of Industry and Information Technology(hereinafter referred to as the “Interim Provision of Car Reservation via the Internet”).The legal status of Car Reservation via the Internet was confirmed on the regulatory level.After the promulgation of “Interim Measures for the Administration of Network Cars,local governments began to formulate implementing regulations for the Car Reservation via the Internet in the region.Some cities have already issued many regulations on the implementation of the measures which exposed many problems.For example,the Interim Measures for the Management of Internet Cars was a departmental regulation,which is difficult to become the legislative authority for the implementation of the local rules of the Car Reservation via the Internet;The household registration of the driver of Car Reservation via the Internet is restricted,which improperly restricts the labor rights of citizens;it imposes mandatory requirements on the wheelbase and price of the vehicles of the Car Reservation via the Internet,and restricts the citizens' property rights.Under the administrative license of the Interim Provision of Car Reservation via the Internet,the local Car Reservation via the Internet legislation has made prohibitive norms against citizens' use of their personal property for passenger services,which violate the principle of legal reservation.This paper analyzes the problems existing in the legislation of local Car Reservation via the Internet,and summarizes the problems of the legislative authority,legislative basis and legislative norms of the Car Reservation via the Internet,and puts forward feasible suggestions.