论互联网约车平台的法律规制
发布时间：2018-09-08 17:06
【摘要】：互联网约车平台是典型的“互联网+运输服务”企业,符合推进“互联网+”与实体经济的国家发展战略,对传统出租车业的改革有所裨益,也有利于公共交通事业的发展。在互联网约车平台快速发展,在交通运输业占有一席之地的同时,也产生了许多法律问题,诸如互联网约车平台的合法性、法律地位、应承担的法律责任等,这些问题不经解决,互联网约车平台便不能进一步发展,现在我国已出台相应管理办法对互联网约车平台进行规制,该办法并不能完全解决这些问题,所以需要对互联网约车平台的法律规制进一步探讨。本文的主要内容如下:第一部分介绍选题背景和国内外研究现状。自从互联网约车平台进驻我国以来,与其有关的法律纠纷层出不断,所以本文立足于我国对互联网约车平台监管办法,对国内外关于互联网约车平台的不同监管制度进行分析,找出互联网约车平台在法律层面存在的争议,并展开研究,以期能找到解决问题的办法。第二部分是互联网约车平台的概述。本文通过对互联网约车平台概念和运营模式分析,探讨其法律性质和地位。互联网约车平台是一种装载于手机端的应用软件,主要分为四种运营模式,快车模式、顺风车模式、出租车模式和专车模式。四种运营模式下的互联网约车平台具有不同法律性质。在前三种模式下,平台提供的是新型“出租车”电召服务,即信息匹配服务;在专车模式下,平台除信息匹配外,还直接提供出租车客运服务。本文以此为出发点,对互联网约车平台的法律地位进行分析。目前还未有占据主导地位的观点,有学者认为互联网约车平台与传统出租车行业相同,是新型客运服务的承运人,并认为互联网约车平台应当适用现存的出租车行业法律规范;有的学者认为互联网约车平台是一种类似港口的网络平台,认为其提供的不仅是交易平台,还对交易提供类似于港口对船只的服务;还有学者认为互联网约车平台是提供的是居间服务。本文通过分析互联网约车平台在不同运营模式中角色,将互联网约车平台中类似电召服务定性为网络技术服务;但专车模式下,互联网约车平台或通过“四方协议”,或直接作为车辆的所有人、司机的雇主来为客运服务提供车辆和司机,是新型客运服务的承运人。第三部分是对域外互联网约车平台的法律规制的分析,进而得出外国先进经验对我国的启示。互联网约车平台是舶来品,其在国外已存在多年。国外对互联网约车平台的监管较为成熟,可以为我国对互联网约车平台的监管提供有利的启示。我国是人口大国,公共交通运输业的压力远大于其他国家,因此,在借鉴国外对互联网约车平台的监管经验的同时,还应考虑到我国的具体需求。我国刚刚实施了对互联网约车平台进行监管的办法,但其仍有很多不足,需要进一步改进,尤其是在完善互联网约车平台管理责任方面,应当作出更加明确的规定。第四部分是对我国监管现状的分析,找出不足。我国已于去年底正式实施了《网络约租车管理办法》,该办法确定了互联网约车平台的合法性,但也对其进行了严格的限制,并不能适应互联网约车平台的发展,未考虑到互联网企业的特点。第五部分是对我国互联网约车平台法律规制的完善建议。在立法、法律责任认定、平台管理责任的明确方面入手,提出为互联网约车平台设立新的主体类型,并建议由多部门对互联网约车平台进行共管。通过明确互联网约车平台的法律责任及监管主体的协助,使互联网约车平台主动尽到管理责任,进而确保其在我国健康快速发展交通。第六部分总结。对上述五部分互联网约车平台法律规制的探讨进行总结。再次明确对我国互联网约车平台法律规制的建议。
[Abstract]:The Internet related car platform is a typical "Internet + transportation service" enterprise, which is in line with the national development strategy of promoting the "Internet +" and the real economy. It is beneficial to the reform of the traditional taxi industry, and is also conducive to the development of public transport. Many legal problems have also arisen, such as the legality, legal status and legal liability of the Internet car-contracting platform. Without solving these problems, the Internet car-contracting platform can not be further developed. Now China has introduced corresponding management measures to regulate the Internet car-contracting platform, which can not completely solve these problems. The main contents of this paper are as follows: The first part introduces the background of the topic and the research status at home and abroad. Since the Internet platform for car appointment came into China, the legal disputes related to it have emerged one after another, so this paper is based on the supervision of the Internet platform for car appointment in China. The second part is an overview of the Internet platform for car appointment. This paper analyzes the concept and operation mode of Internet platform for car appointment. This paper analyzes and discusses the legal nature and status of the Internet car-booking platform.The Internet car-booking platform is an application software loaded on the mobile phone.It is mainly divided into four operation modes,express mode,windmill mode,taxi mode and special bus mode.The Internet car-booking platform under the four operation modes has different legal nature.Under the first three modes,the platform provides different legal nature. It is a new type of "taxi" call service, i.e. information matching service. Under the special bus mode, the platform provides taxi passenger transport service directly in addition to information matching. This paper takes this as a starting point to analyze the legal status of the Internet taxi reservation platform. Similar to the traditional taxi industry, it is the carrier of the new passenger transport service. Some scholars believe that the Internet taxi contract platform should be applicable to the existing legal norms of the taxi industry. Some scholars believe that the Internet taxi contract platform is a kind of network platform similar to the port, which not only provides a trading platform, but also provides a trading platform similar to the port-to-ship platform. This paper analyzes the role of Internet contract platform in different operation modes, and identifies similar call service in Internet contract platform as network technology service. However, under the special bus mode, Internet contract platform or through the "Quartet Agreement", or directly. As the owner of the vehicle, the employer of the driver provides the vehicle and the driver for the passenger service, and is the carrier of the new passenger service. The third part is the analysis of the legal regulation of the extraterritorial Internet contract platform, and then draws the inspiration from foreign advanced experience to our country. China is a populous country, and the pressure of public transportation is far greater than that of other countries. Therefore, we should take into account the specific needs of our country while drawing lessons from the experience of foreign countries in the supervision of the Internet platform. Qiu. Our country has just implemented the method of supervising the Internet platform for car appointment, but there are still many shortcomings, which need to be further improved, especially in improving the management responsibility of the Internet platform for car appointment. The fourth part is the analysis of the current situation of our country's supervision to find out the shortcomings. This method determines the legality of the Internet car-leasing platform, but it also has strict restrictions. It can not adapt to the development of the Internet car-leasing platform and does not take into account the characteristics of the Internet enterprises. The fifth part is the improvement of the legal regulation of the Internet car-leasing platform in China. This paper starts with the definite aspects of responsibility determination and platform management responsibility, puts forward the establishment of a new type of subject for the Internet car-contracting platform, and suggests that the Internet car-contracting platform should be co-managed by multiple departments. The sixth part summarizes the discussion of the legal regulation of the above five parts of Internet car-contracting platform, and clarifies the suggestions of the legal regulation of Internet car-contracting platform.
【学位授予单位】：河北经贸大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.296
[Abstract]:The Internet related car platform is a typical "Internet + transportation service" enterprise, which is in line with the national development strategy of promoting the "Internet +" and the real economy. It is beneficial to the reform of the traditional taxi industry, and is also conducive to the development of public transport. Many legal problems have also arisen, such as the legality, legal status and legal liability of the Internet car-contracting platform. Without solving these problems, the Internet car-contracting platform can not be further developed. Now China has introduced corresponding management measures to regulate the Internet car-contracting platform, which can not completely solve these problems. The main contents of this paper are as follows: The first part introduces the background of the topic and the research status at home and abroad. Since the Internet platform for car appointment came into China, the legal disputes related to it have emerged one after another, so this paper is based on the supervision of the Internet platform for car appointment in China. The second part is an overview of the Internet platform for car appointment. This paper analyzes the concept and operation mode of Internet platform for car appointment. This paper analyzes and discusses the legal nature and status of the Internet car-booking platform.The Internet car-booking platform is an application software loaded on the mobile phone.It is mainly divided into four operation modes,express mode,windmill mode,taxi mode and special bus mode.The Internet car-booking platform under the four operation modes has different legal nature.Under the first three modes,the platform provides different legal nature. It is a new type of "taxi" call service, i.e. information matching service. Under the special bus mode, the platform provides taxi passenger transport service directly in addition to information matching. This paper takes this as a starting point to analyze the legal status of the Internet taxi reservation platform. Similar to the traditional taxi industry, it is the carrier of the new passenger transport service. Some scholars believe that the Internet taxi contract platform should be applicable to the existing legal norms of the taxi industry. Some scholars believe that the Internet taxi contract platform is a kind of network platform similar to the port, which not only provides a trading platform, but also provides a trading platform similar to the port-to-ship platform. This paper analyzes the role of Internet contract platform in different operation modes, and identifies similar call service in Internet contract platform as network technology service. However, under the special bus mode, Internet contract platform or through the "Quartet Agreement", or directly. As the owner of the vehicle, the employer of the driver provides the vehicle and the driver for the passenger service, and is the carrier of the new passenger service. The third part is the analysis of the legal regulation of the extraterritorial Internet contract platform, and then draws the inspiration from foreign advanced experience to our country. China is a populous country, and the pressure of public transportation is far greater than that of other countries. Therefore, we should take into account the specific needs of our country while drawing lessons from the experience of foreign countries in the supervision of the Internet platform. Qiu. Our country has just implemented the method of supervising the Internet platform for car appointment, but there are still many shortcomings, which need to be further improved, especially in improving the management responsibility of the Internet platform for car appointment. The fourth part is the analysis of the current situation of our country's supervision to find out the shortcomings. This method determines the legality of the Internet car-leasing platform, but it also has strict restrictions. It can not adapt to the development of the Internet car-leasing platform and does not take into account the characteristics of the Internet enterprises. The fifth part is the improvement of the legal regulation of the Internet car-leasing platform in China. This paper starts with the definite aspects of responsibility determination and platform management responsibility, puts forward the establishment of a new type of subject for the Internet car-contracting platform, and suggests that the Internet car-contracting platform should be co-managed by multiple departments. The sixth part summarizes the discussion of the legal regulation of the above five parts of Internet car-contracting platform, and clarifies the suggestions of the legal regulation of Internet car-contracting platform.
【学位授予单位】：河北经贸大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.296
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