共享经济下网约车规制问题研究

发布时间：2018-03-29 09:58

本文选题：网约车　切入点：共享经济　出处：《安徽大学》2017年硕士论文

【摘要】：随着互联网技术和移动智能终端的发展,网络预约出租汽车逐渐进入大众的视野。经过短短的几年时间,凭借价格优势以及操作的便捷性,网约车迅速抢占了传统出租车的市场份额,引发了整个出租车行业的变革,同时也带来了网约车规制的难题。网约车是与传统经济模式相区别的新业态,具有提升社会闲置资源利用功效、改善人民群众出行品质等多方面的作用。当前,从事网约车经营服务的大多是私家车车主利用闲暇时间、空余座位开展的兼职活动,具有典型的共享经济特征。网约车的出现对财产用途、市场准入、职业资质管制等传统规制模式带来全新的挑战。简单地套用传统规制办法来约束网约车的做法不利于促进共享经济的发展,也有背于社会大众的普遍期许。此外,网约车作为新生事物,其在发展过程中遭受的行业抵制也是巨大的,监管部门落后的治理理念也为网约车的发展设置了另一重阻碍。网约车作为新生事物,社会各界对于网约车范畴的界定并没有统一的认识。现行的规制办法将网络约租车服务划分为网约车和私人小客车合乘两种概念。然而,这样的划分未能充分体现释放共享经济活力的理念,显然不符合事物发展的规律。为应对网约车带来的行业变化、规范网约车市场的经营,监管部门通过部门立法的形式对网约车的规制做出了顶层设计。不过,以部门规章的形式对网约车设置多项行政许可的做法遭到学界关于合法性的质疑。实施价格管制是计划经济下经常使用的措施。新政下,不少城市政府仍然通过政府指导价的方式干预市场经济的自由发展。网约车是信息技术发展的产物,正是基于这一特点,网约车市场容易形成集中经营,引发行业垄断。国内网约车行业发展的历史实践也论证了这一观点。不过,管理层对于网约车行业垄断问题的解决尚未做出有效的管控。除此之外,地方政府被赋予了规制本地区网约车的一定权限。但是,通过总结对比北京、上海、广州等重点地方政府的规制实践,可以发现地方政府滥用网约车规制自主权,做出制约网约车发展,违背顶层设计规定的现象十分普遍。可以说,无论是中央层面还是地方城市政府在网约车规制问题上的探索都存在不尽如人意之处。为此,笔者认为科学界定网约车的范畴、保留对网约车平台的行政许可规制,改革车辆、驾驶人员的具体要求,取消任何形式的运价管制,防范网约车平台垄断,上收地方政府的规制权限很有必要。此外,还要充分认识网约车的共享经济属性,结合信息规制的有关理论,引入政企合作的规制新模式,为新事物的发展创造最适宜的外部环境。
[Abstract]:With the development of Internet technology and mobile intelligent terminal, the online booking taxi has gradually entered the public's field of vision. After a short period of time, with the advantage of price and the convenience of operation, The rapid capture of the market share of traditional taxis by Internet ride-sharing has led to a revolution in the entire taxi industry, and at the same time brought about a difficult problem in the regulation of net-ride-hailing, which is a new form of business different from the traditional economic model. It has the function of promoting the utilization of idle social resources and improving the travel quality of the people. At present, most of the private car owners engaged in the service of car-sharing are part-time activities carried out by private car owners in their spare time and spare seats. With typical shared economy characteristics. The emergence of the car network for property purposes, market access, The traditional regulation model, such as professional qualification regulation, poses a new challenge. Simply applying the traditional regulation method to restrict the sharing of cars is not conducive to promoting the development of the sharing economy, but also contrary to the general expectations of the public. As a new thing, the resistance of the industry in the process of development is huge, and the backward governance concept of the supervision department has also set another obstacle to the development of the net-ride-hailing. As a new thing, the net-ride-hailing is a new thing. There is no unified understanding of the definition of the scope of the net hire car. The current regulation method divides the network hire car service into two kinds of concepts: the net hire car and the private passenger car. However, the existing regulation method divides the network hire car service into two kinds of concepts: the net hire car and the private passenger car. Such a division fails to fully reflect the idea of releasing shared economic vitality, which obviously does not conform to the law of development of things. In order to cope with the changes in the industry brought about by ride-sharing, we should standardize the operation of the net-ride-hailing market. Regulators have made top-level designs to regulate ride-hailing through departmental legislation. However, In the form of departmental regulations, the practice of setting up a number of administrative licenses for net-chartering has been questioned by the academic community about the legality. Price control is a measure frequently used in planned economy. Under the New deal, Many city governments still intervene in the free development of the market economy by means of government-guided pricing. Car ride-sharing is the product of the development of information technology. It is precisely because of this characteristic that the car-sharing market is easy to form a centralized operation. This view is also demonstrated by the historical practice of the development of the domestic car-hailing industry. However, the management has not yet made effective control over the solution of the monopoly problem in the ride-hailing industry. The local government has been given certain authority to regulate the local ride-sharing system. However, by summarizing and comparing the practices of the key local governments in Beijing, Shanghai and Guangzhou, it can be found that the local governments abuse the autonomy of the net-ride-hailing regulation. It is very common to restrict the development of ride-sharing network and violate the regulations of top-floor design. It can be said that the exploration of the regulation of ride-hailing on the central level and the local city governments is not satisfactory. For this reason, The author thinks that we should scientifically define the scope of net-ride-sharing platform, keep the administrative license regulation on Web-ride-hailing platform, reform the specific requirements of vehicle and driver, cancel any form of tariff control, and prevent the monopoly of network-ride-hailing platform. It is necessary to collect the local government's regulatory authority. In addition, it is necessary to fully understand the shared economic attributes of net-ride-sharing, and to introduce a new model of government and enterprise cooperation regulation in combination with the relevant theory of information regulation. Create the most suitable external environment for the development of new things.
【学位授予单位】：安徽大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：F724.6;F572

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