关于专车平台服务性质及监管必要性的探讨
发布时间：2018-10-05 09:43
【摘要】：要对网络专车进行有效监管,前提是明确专车平台的运输服务性质。在分别从专车的交易性质、运行特征、法律责任等方面探讨专车服务性质和监管影响的基础上,明确了专车平台不是信息中介,而是在提供运输服务,并从法律角度得出专车现有的契约形式安排是监管套利的结论。最后结合国际主流做法,从社会法治、行业利益角度提出了政府部门尽快按运输服务建立专车监管体系的必要性。
[Abstract]:The premise of the effective supervision of the network car is to make clear the nature of the transport service of the special vehicle platform. On the basis of discussing the nature of the special bus service and the influence of supervision from the aspects of the transaction nature, operation characteristics and legal liability of the special car, it is clear that the special car platform is not an information intermediary, but is providing transportation services. And from the legal point of view, the existing contract arrangement is the conclusion of regulatory arbitrage. Finally, combined with the international mainstream practice, from the point of view of the social rule of law and the interests of the industry, the necessity for government departments to establish a special car supervision system according to transport services as soon as possible is put forward.
【作者单位】： 广州市交通委员会;
【分类号】：F572.6;F724.6
，
本文编号：2252909
[Abstract]:The premise of the effective supervision of the network car is to make clear the nature of the transport service of the special vehicle platform. On the basis of discussing the nature of the special bus service and the influence of supervision from the aspects of the transaction nature, operation characteristics and legal liability of the special car, it is clear that the special car platform is not an information intermediary, but is providing transportation services. And from the legal point of view, the existing contract arrangement is the conclusion of regulatory arbitrage. Finally, combined with the international mainstream practice, from the point of view of the social rule of law and the interests of the industry, the necessity for government departments to establish a special car supervision system according to transport services as soon as possible is put forward.
【作者单位】： 广州市交通委员会;
【分类号】：F572.6;F724.6
，
本文编号：2252909
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