News background:
On the afternoon of July 28, the State Council issued the "Guiding Opinions on Deepening Reform and Promoting the Healthy Development of the Taxi Industry". The "Guiding Opinions" divide taxis into two categories: cruise taxis and reserved taxis. For the first time, it is proposed to include Internet private cars in the management of reserved taxis, which clarifies the positioning of the taxi industry. At the same time, it clarifies the legal status of online car-hailing, supports the continuous innovation and standardized development of online car-hailing platform companies; and encourages the transformation of traditional taxi enterprises to provide online car-hailing services.
[Expert talk]
Zhu Wei: "Online car-hailing" is legal, China ranks first in the world
"The introduction of the Interim Measures has made our country the first country in the world to officially recognize the legalization of internet private cars," said Zhu Wei, deputy director of the Communication Law Research Center of China University of Political Science and Law and an expert member of the Sharing Economy Working Committee of the Internet Association of China.
Zhu Wei said: "On a global scale, this is the first regulation to legislate and rectify the name of’Internet + ‘and the sharing economy. It is a good law of epoch-making significance." He also specifically mentioned that the New Deal has brought "Internet + travel" back to the market-dominant model, such as the implementation of market-adjusted prices for online car-hailing freight rates; "market incentives and promotions" are normal market behaviors. Except for being bound by competition laws and advertising laws, no additional requirements have been added, but they cannot be operated at a "price below cost" to disrupt the normal market order. For example, ride-hailing is a magic weapon to solve urban congestion and reduce urban vehicles on the road, and there are many mature legal precedents in judicial practice at home and abroad. " Hitchhiking is essentially different from the commercial profit of ride-hailing, so it is correct that the New Deal excludes it. "He said.
Su Kui: The new regulations on online car-hailing are a consensus reached through difficult trade-offs and games
How to balance the development of online car-hailing and fair competition is the most difficult point in the new regulations. How to regulate but not restrict the development of online car-hailing? How to develop online car-hailing while ensuring a fair competitive environment for online car-hailing and taxis.
For example, 8-year scrapping is considering that if they are all scrapped for 8 years according to the rental operation, it is unfair to the less intensive online car-hailing. It may also push a large number of online car-hailing drivers out of the platform.
Another example is to clarify the nature of the platform as a transportation service, rather than an information matchmaker. This is like a taxi at the starting line and is consistent with the experience of passengers. If there is a safety problem, the platform as a transportation service provider needs to take responsibility.
Whether it is the exposure draft issued last year or the new regulations that are finally difficult to introduce, the game and trade-off have always been the most difficult thing. "I am relieved that there is basically a relatively rational consensus now," Su Kui said.
[Media discussion]
Taxi and ride-hailing services will each have their place
The "Guiding Opinions" make it clear that the original taxis and online car-hailing will achieve "dislocation development", giving full play to the advantages of both, not only "affordable", but also "accessible", so that the different travel needs of people at different levels can be met.
It can be expected that with the implementation and entry into force of the new policy on online car-hailing, the online car-hailing market will usher in another round of adjustment, the number of online car-hailing and employees will change, the market positioning of online car-hailing will be further revised, and the platform’s management of online car-hailing will also be strengthened. At the same time, incorporating online car-hailing into the consideration of the taxi industry, setting necessary thresholds, supporting reasonable tax and fee policies, and maintaining market fairness will also effectively promote the balanced development of different levels of taxi services, and achieve a win-win situation for online car-hailing, platforms and consumers.
Online car-hailing and taxis, from "fire and water are incompatible" to "each has its own place", contain the spirit of reform and innovation, which is representative and typical in the "Internet +" era. To expand, entering the Internet era, the new forms and new business forms that have been spawned will pose "conflicts and threats" to traditional related industries, which itself contains the opportunities and challenges of "Internet +". The accelerated pace of reform and innovation, the advancement of laws and regulations with the times, and the comprehensive promotion of the rule of law are the keys to solving problems, and are also reliable guarantees and core driving forces for better adapting to the Internet era.
The new policy of online car-hailing, an example of dealing with the relationship between the market and the government
How to characterize and manage online car-hailing has been torn in China for several years, concretely presenting the landscape of the deep-water period of reform. During this period, the strategy of dealing with black cars in local actual management, and the tight management signals revealed by relevant central ministries once made the development of the emerging business of online car-hailing fall into pessimism. Now, the "Guiding Opinions on Deepening Reform and Promoting the Healthy Development of the Taxi Industry" and the "Interim Measures for the Management of Online Booking Taxi Business Services" have been issued, which clearly give the legal status of online car-hailing, clarify that private cars can engage in online car-hailing operations, and require reducing taxi "share money". This highlights the victory of the market, reaffirms the reform logic of "letting the market play a decisive role in resource allocation", and expresses the value direction of streamlining administration and decentralization and sharing economy.
The new policy of online car-hailing is a model of open-door legislation
The process of formulating the new policy on online car-hailing is also a model for opening the door to legislation. From the introduction of large-scale subsidies on online car-hailing platforms in early 2014, to the promotion and operation of online car-hailing nationwide in 2015, and then to the beginning of 2016, the new policy on online car-hailing is a multi-party game. The introduction of a new policy necessarily involves the interests of multiple parties. How to balance reform, stability and development has become an issue that policy makers must weigh. During the introduction of the new policy on online car-hailing, not only the relevant ministries and commissions have repeatedly investigated, but also Shanghai, Yiwu and other places have actively explored it. Various provinces and cities have fully discussed it, and online car-hailing platforms and taxi companies have expressed their own opinions. The final new policy has basically become the greatest common denominator of the
Online car-hailing is just one representative of many new things, but the experience of online car-hailing governance has a wide range of exemplary significance. It is not advisable to build cars behind closed doors, and legislation should open the door even more. Regulators need to have more keen observation, more extensive research and more calm thinking, and emerging enterprises need more full expression, more attentive development and more rational self-discipline. The practice of online car-hailing has proved that the government and the market can achieve clear boundaries and benign interaction. Both business and new business can also coordinate development and healthy metabolism.
The legalization of online car-hailing requires even more good governance
The formulation of the document is only the first step. The next step is to do a good job in the detailed rules of the industry and the territory, and implement the reform. A major highlight of this reform is that it does not engage in a national "one ruler to the end". Metropolises have the practice of metropolises, and small counties have the situation of small counties. According to the principle of territorial management, full autonomy is given to all localities. If the design reform requires the epistemological wisdom of the overall situation, then the implementation of the reform needs to reconcile the methodological art of Ding Nai. The process of formulating the document has been discussed by more than 10 departments and more than 100 meetings, and the interests of all parties should be taken into account to the greatest extent. The implementation of the reform should also be carefully deployed and coordinated. It is necessary to have a sense of urgency to get rid of the slack, boldly promote management innovation, and also have a step-by-step methodology to firmly safeguard the bottom line of security Reform depends not only on the original intention, but also on the effect test.
[Netizen said]
@Lu Yutong: I haven’t taken a taxi for a long time. They all use online taxi-hailing. This is the result of market competition. I believe many people are like me. Everything has to comply with market laws.
Li Ermao 46054: Making the best use of things and people’s talents is a necessary condition for social development.
@Also as first seen: break the monopoly of taxi operation, reasonable competition, and ultimately benefit the people.
@Xuanzi 23386: The purpose of the new regulations is to standardize online car-hailing, ensure the rights and interests of passengers and the safety of passengers, and effectively ensure the quality of service.
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