| App-based ride-hailing vehicle is a product of "Internet plus" era,as one of the shared economic mode,it has brought convenience to people’s daily travel,but also to stimulate the new contradictions and problems.In order to solve the contradictions and problems in the actual process,the state issued two important laws and regulations are seven ministries led by the Ministry of transportation released in July 27,2016 and formally implemented in November 1,2016 jointly issued the "online booking taxi management service management Interim Measures"(hereinafter referred to as "Interim Measures")and the general office of the State Council in July 28,2016 the general office of the State Council issued "on deepening reform and promoting the healthy development of the taxi industry guidance"(hereinafter referred to as "guidance").First of all,the regulations on the premise based on the domestic actual situation,the legal problems to a certain extent related to effectively regulate and solve the network and about the car,but the law still cannot satisfy the demand of network about cars and related disputes,such as the "Interim Measures" of the content on the whole frame belongs to the provisions in the actual life in the car about the related legal problems are very complex,which leads to the "Interim Measures" is carried out in detail throughout the law enforcement process.Secondly,the "Interim Measures" after the implementation of the country have issued detailed rules for the implementation of App-based ride-hailing vehicle,but most of the city is about to set higher access conditions for App-based ride-hailing vehicles,resulting in a large number of App-based ride-hailing vehicles due to the lack of standards and have been shut out,contrary to the spirit of the legislation of local legislation and law to encourage the App-based ride-hailing vehicles development.Seriously affected people travel.Based on the related literature at home and abroad,based on the understanding of the current laws and regulations related to App-based ride-hailing vehicles,combined with the relevant legislation and experience of foreign network cars,this paper puts forward some suggestions for solving the problems existing in the legal regulation of App-based ride-hailing vehicles in China.The first part is an overview of the related concepts of the App-based ride-hailing vehicle.It mainly includes the definition,basic features,the operation mode of the new deal and the current situation analysis of the legal regulation of the App-based ride-hailing vehicles.The second part is based on the reality of our country,put forward five major problems,at present our country network about cars facing legal regulation are:the conflict of legal protection of App-based ride-hailing vehicles and the lack of scientific and administrative licensing model about network privacy information related to the subject of the car is not perfect,the legal responsibility regulation is not clear about the car,about the car market acts of unfair competition regulation is not perfect,the local legislation and the legislation.The third part,based on the related research both at home and abroad,combined with the actual situation of China,proposes solutions for the above five legal problems respectively,in order to provide references for the improvement of the related legal system of China’s App-based ride-hailing vehicles.Five suggestions are:App-based ride-hailing vehicles administrative licensing mode to ordinary license instead of licensing,regulatory information platform to improve the main body of legal protection,improve the privacy information about car related legal liability system,multi force prevention industry monopoly and administrative regulations promulgated to enhance legislative consistency,to provide help for perfecting our legal regulation work in the App-based ride-hailing vehicles. |
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