Research On The Legalization Of The Safety Management Of Online Car-hailing Operations

As an emerging thing in the Internet+sharing economy,online ride-hailing is a new form of mobility service.Due to the variability of the new form and the lack of direct experience,the legal regulations on its operation and safety management are very imperfect,which has laid down many safety risks.There are many dilemmas on the road of its legalization.Much attention has been paid to the safety of online ride-hailing,and the law as one of its operational safety management,with operational safety problems occurring frequently,the law also constantly improving.But,the reasons why the law regulates the online ride-hailing and the methods of regulation have huge impact on the ride-hailing industry.Therefore,research on legalization of online ride-hailing's management of operational safety has practical guiding significance.This paper mainly includes the following three chapters:Chapter one is the theoretical basis of legalization of operational safety management of online ride-hailing,and introduces the current operation status,legal attribute,operation mode and legislative status of online ride-hailing.By defining the distinguish with traditional taxi,combing the legal attribute of online ride-hailing,because some vehicles will escape legal punishment under the guise of height-occupancy vehicles,to verify the management of traditional taxi could be used to manage network about car or not,considering the characteristics of the corresponding rules and regulations is important,and cannot apply the taxi industry supervision mode mechanically,which provides the basis for changes in the supervision mode for below part.The introduction of the operation mode of online ride-hailing mainly clarifies the subject of relevant legal relations,laying a foundation for the discussion on the subject of responsibility.Then,introduce the online ride-hailing management of the central and local laws and regulations and its running situation,the impact of the relevant law,pointing out the existing problems and the potential risk of operation safety management for the second part of the legal dilemma.Chapter two is the legal dilemma of the operational safety management of online ride-hailing.It mainly includes the defects of the market access system of online ride-hailing,unreasonable restrictions on drivers and operating vehicles,which stunts the development of new business forms seriously.It not only violates the relevant provisions of Law of the PRC on Administrative Permission,but also fails to meet the basic characteristics and development rules of the sharing economy.The subject of online ride-hailing liability is unreasonable,contradicts the existing laws and violates the principles of fairness and rationality.The dilemma of online ride-hailing platforms and legal supervision,this part puts forward the deficiencies of the joint supervision system and price control;Relevant laws and regulations are not implemented in place,which is not impossible to eomply with,but there is a ease of non-complianee with the law.Chapter three is the methods to improve the legalization of operational safety management of online ride-hailing,mainly including optimizing the market access system of online ride-hailing,including eliminating discriminatory restrictions and weakening the requirements of the three certificates of online ride-hailing.Further clarifying the main responsibility of the platform,according to the different operation mode in order to allocate of responsibility reasonably;Improve the supervision mechanism,including the subject of supervision and price supervision;the state should implement laws and regulations,including regular checks,enhanced technical preparedness,and enhanced safety education.At the same time,the paper puts forward the enlightenment to the traditional taxi,promotes the reform of its management right,gradually improves the mobility service,and speeds up the integration of online ride-hailing and traditional taxi,so as to meet people's more personalized mobility needs.And the regulation of special "online ride-hailing",so as to conduct a comprehensive research on legalization of online ride-hailing's management of operational safety.