网约车行政监管法律问题研究
发布时间：2018-11-09 12:19
【摘要】：随着互联网+时代的到来与智能手机的普及,各类便民APP软件出现在公众的生活里,打车软件就是其中的一员。滴滴打车中的专车、快车服务,优步庞大的私家车群体带给社会的“人民优步”都相继出现在群众视野中并快速创建了有别于传统出租汽车运输服务行业的以互联网为依托的运输服务市场。网约车以“共享经济”为理念,其出现不仅在一定程度上缓解了城市交通问题,还将大大提升城市机动车的利用效率。网约车在我国属于尚在起步阶段的新兴运输服务行业,各项制度的建立并不完善,安全隐患问题以及事故责任问题频出,网约车司机与出租车司机矛盾激化,这使得许多人对这种新事物持否定和排斥的态度,其合法化等问题也一度引发热议。近日,交通部联合七部门出台的《暂行办法》在规章层面首次将网约车纳入监管范畴、确立了网约车的合法地位,自此,私家车符合一定的条件就可以申请成为网约车参与营运活动,但接下来的挑战也将更加严峻,如何更好的监管网约车成了当下必须解决的问题。由于法律的滞后性,对于这个新生事物的规制体系还未健全,关于网约车的各项制度还未完善,车辆、司机资质等引发的安全问题频出,而监管者想要对其监管却时而面临无法可依的窘境,除此之外,对于许可模式的选择以及总体监管模式的确立也都存有争议,目前监管者的态度倾向于将网约车纳入到出租车行业的规制框架当中进行监管以求二者公平竞争,虽然这样的一刀切的监管方式轻松易得,却无异于是对新事物的扼杀以及对网约车为来发展空间的侵夺。网约车与传统出租车有着本质上的不同,不能简单的将其纳入出租车的监管模式。对网约车的概念范围作出界定并探究其与传统出租车的区别、归纳网约车行政监管现状并总结其中涉及的法律问题以及监管困境、借鉴英美等国关于网约车的监管经验,不仅可以对网约车行政立法问题、许可模式问题以及监管模式的选择等行政监管问题进行深入的分析与探讨,还可以找寻符合我国网约车现状以及国情的网约车监管策略。
[Abstract]:With the advent of the Internet era and the popularity of smart phones, various kinds of convenience APP software appear in the public life, among which the ride-hailing software is one of them. The special train and express train service in Didi Taxi, Uber's huge group of private cars brought to the society the "people Uber" appeared one after another in the public vision and quickly created a different from the traditional taxi transport service industry based on the Internet transportation service market. The concept of "sharing economy" not only alleviates urban traffic problems to a certain extent, but also greatly improves the utilization efficiency of urban motor vehicles. As a new transportation service industry in China, the establishment of various systems is not perfect, the problems of safety hidden trouble and accident responsibility are frequent, and the contradiction between the taxi driver and the taxi driver is intensified. This makes many people take a negative and exclusive attitude towards this new thing, and the legalization of it has also aroused heated debate. Recently, the "interim measures" issued by the Ministry of Communications in conjunction with the seven departments have for the first time brought net-chartering into the scope of supervision at the regulatory level, establishing the legal status of net-chartered cars. Since then, Private cars meeting certain conditions can be applied to participate in the operation activities, but the next challenges will also be more severe, how to better monitor the network of ride-sharing has become a problem that must be solved. Due to the lagging nature of the law, the regulatory system for this new thing has not yet been perfected, and the various systems on ride-sharing have not yet been perfected. The safety problems caused by the qualifications of vehicles, drivers, and so on have frequently arisen. In addition to the dilemma that regulators sometimes face when they want to regulate them, there are also controversies over the choice of licensing models and the establishment of the overall regulatory model. At present, the attitude of the regulators tends to bring the ride-sharing system into the regulatory framework of the taxi industry in order to ensure fair competition between the two, although such a one-size-fits-all approach is easy to obtain. But it is the strangling of new things and the encroachment of the space for the development of car-sharing. It is different from the traditional taxi in essence, and can not be simply brought into the taxi regulatory model. This paper defines the concept range of net car and probes into the difference between it and the traditional taxi, sums up the present situation of the administrative supervision of the net car, summarizes the legal problems involved in it and the difficult situation of the supervision, and draws lessons from the experience of the supervision of the net car in the United States and other countries. It can not only deeply analyze and discuss the administrative regulation problems such as the administrative legislation, the permit mode and the choice of the supervision mode, but also find out the strategies of the regulation of the net car in accordance with the current situation and the national conditions of our country.
【学位授予单位】：辽宁大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.296
本文编号：2320393
[Abstract]:With the advent of the Internet era and the popularity of smart phones, various kinds of convenience APP software appear in the public life, among which the ride-hailing software is one of them. The special train and express train service in Didi Taxi, Uber's huge group of private cars brought to the society the "people Uber" appeared one after another in the public vision and quickly created a different from the traditional taxi transport service industry based on the Internet transportation service market. The concept of "sharing economy" not only alleviates urban traffic problems to a certain extent, but also greatly improves the utilization efficiency of urban motor vehicles. As a new transportation service industry in China, the establishment of various systems is not perfect, the problems of safety hidden trouble and accident responsibility are frequent, and the contradiction between the taxi driver and the taxi driver is intensified. This makes many people take a negative and exclusive attitude towards this new thing, and the legalization of it has also aroused heated debate. Recently, the "interim measures" issued by the Ministry of Communications in conjunction with the seven departments have for the first time brought net-chartering into the scope of supervision at the regulatory level, establishing the legal status of net-chartered cars. Since then, Private cars meeting certain conditions can be applied to participate in the operation activities, but the next challenges will also be more severe, how to better monitor the network of ride-sharing has become a problem that must be solved. Due to the lagging nature of the law, the regulatory system for this new thing has not yet been perfected, and the various systems on ride-sharing have not yet been perfected. The safety problems caused by the qualifications of vehicles, drivers, and so on have frequently arisen. In addition to the dilemma that regulators sometimes face when they want to regulate them, there are also controversies over the choice of licensing models and the establishment of the overall regulatory model. At present, the attitude of the regulators tends to bring the ride-sharing system into the regulatory framework of the taxi industry in order to ensure fair competition between the two, although such a one-size-fits-all approach is easy to obtain. But it is the strangling of new things and the encroachment of the space for the development of car-sharing. It is different from the traditional taxi in essence, and can not be simply brought into the taxi regulatory model. This paper defines the concept range of net car and probes into the difference between it and the traditional taxi, sums up the present situation of the administrative supervision of the net car, summarizes the legal problems involved in it and the difficult situation of the supervision, and draws lessons from the experience of the supervision of the net car in the United States and other countries. It can not only deeply analyze and discuss the administrative regulation problems such as the administrative legislation, the permit mode and the choice of the supervision mode, but also find out the strategies of the regulation of the net car in accordance with the current situation and the national conditions of our country.
【学位授予单位】：辽宁大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.296
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