News background:
On the afternoon of July 28th, the State Council issued the Guiding Opinions on Deepening Reform and Promoting the Healthy Development of Taxi Industry. The "Guidance Opinion" divides taxis into two categories: cruise taxis and reserved taxis. It is the first time that Internet cars are included in the management of reserved taxis, which clarifies the positioning of the taxi industry; At the same time, clarify the legal status of the network car, and support the continuous innovation and standardized development of the network car platform company; Encourage the transformation of traditional taxi companies to provide online car service.
【Experts talk]
Zhu Xi: "Network car" is the first in the world in China.
"The promulgation of the Interim Measures has made China the first country in the world to officially recognize the legalization of Internet private cars." Zhu Wei, deputy director of Communication Law Research Center of China University of Political Science and Law and expert member of internet society of china Sharing Economic Work Committee, said: Great progress has been made.
Zhu Wei said: "On a global scale, this is the first ‘ Internet plus & rsquo; It is a good law with epoch-making significance to share economic legislation and laws and regulations to correct the name. " He also specifically mentioned that the New Deal has brought "internet plus Travel" back to the market-oriented mode, such as the market-adjusted price of the network car fare; "Market reward and promotion" is a normal market behavior. Except for being bound by competition law and advertising law, there is no additional requirement, but it cannot disrupt the normal market order by operating at a price below cost. For another example, hitchhiking is a magic weapon to solve urban congestion and reduce the number of vehicles on the road in cities, and there are many mature cases in judicial practice at home and abroad. "The ride is essentially different from the commercial profit of the online car, so it is correct for the New Deal to exclude it." He said.
Su Kui: The new rules of online car-sharing are a consensus reached in difficult trade-offs and games.
How to balance the development of network car and fair competition is the most difficult part of the new regulations. How to standardize and not restrict the development of network car? How to develop online car rental and ensure a level playing field for online car rental and taxis.
For example, 8-year scrapping is to consider that it is unfair to use the network car with less intensity if it is scrapped according to the rental operation for 8 years. It may also push a large number of online car drivers out of the platform.
Another example is to define the nature of the platform as a transportation service, not an information matchmaker. This is the same as the taxi at a starting line, and the passengers feel the same. In case of safety problems, the platform, as a transportation service provider, needs to bear the responsibility.
Whether it is the draft for comments issued last year or the new regulations that are finally difficult to introduce, the game and trade-off have always been the most difficult things. "The good news is that we have basically reached a relatively rational consensus." Su Kui said.
【Media discussion]
Taxi and online car will be in their proper places.
The Guiding Opinions made it clear that the original taxis and online car-rides will achieve "dislocation development" and give full play to their advantages, not only "sitting up" but also "sitting up", so that different travel needs of people at different levels can be met.
It can be expected that with the implementation and effectiveness of the new policy of online car-sharing, the online car-sharing market will usher in another round of adjustment, the number of online car-sharing and employees will change, the market positioning of online car-sharing will be further revised, and the platform’s management of online car-sharing will also be strengthened. At the same time, bringing online car rental into 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 among online car rental, platforms and consumers.
From "incompatible" to "in their proper place", online car-hailing and taxis contain the spirit of reform and innovation, which is representative and typical in the era of "internet plus". Broadly speaking, when we enter the Internet age, the new forms and new formats will pose "conflicts and threats" to traditional related industries, which itself contains the opportunities and challenges of "internet plus". Accelerating the pace of reform and innovation, advancing laws and regulations with the times, and advancing the rule of law in an all-round way are the key to solving problems, and are also the reliable guarantee and core driving force to better adapt to the Internet era.
The New Deal of Online Car Rental is an example of dealing with the relationship between the market and the government.
How to define and manage the network car has been tangled in China for several years, which vividly presents the landscape of the deep-water period of reform. In the meantime, the strategy of treating private cars as black cars in local actual management and the tight management signals revealed by relevant central ministries and commissions once made the development of this new format of online car-sharing pessimistic. Now, the promulgation of Guiding Opinions on Deepening Reform and Promoting the Healthy Development of Taxi Industry and Interim Measures for the Management of Online Booking Taxi Service clearly gives the online car a legal status, makes it clear that private cars can engage in online car operation, and requires reducing the taxi "money", which 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 decentralization and sharing the economy.
The new policy of network car is a model of opening the door legislation
The formulation process of the new policy of network car is also a model of opening the door legislation. From the beginning of 2014, the online car platform launched a large-scale subsidy, and by 2015, the online car was promoted and operated nationwide, and then by the beginning of 2016, the multi-party game network car new deal. The introduction of a new policy will inevitably involve the interests of many parties. How to balance reform, stability and development has become a subject that policy makers must weigh. In the process of the introduction of the new policy of network car, not only the relevant ministries and commissions have repeatedly investigated, but also Shanghai, Yiwu and other places have actively explored, and various provinces and cities have fully discussed, and the network car platform and taxi companies have their own opinions. The final New Deal has basically become the greatest common denominator of the interests of all parties.
The network car is just a representative of many new things, but the experience of network car governance has a wide range of demonstration significance. It is not advisable to build a car behind closed doors, and legislation should open the door. Regulators need more keen observation, more extensive research and more calm thinking, and emerging enterprises need more full expression, more careful development and more rational self-discipline. The practice of online car-sharing proves that the government and the market can realize clear boundaries and benign interaction, and both existing and emerging formats can also coordinate development and healthy metabolism.
Legalization of the network car, good governance needs more good deeds.
The formulation of documents is only the first step, and the next step is to do a good job in the industry and territorial rules and implement the reform. One of the highlights of this reform is that it is not necessary to "measure the whole country with one ruler". Metropolis has the practice of metropolis, and small counties have small counties. According to the principle of territorial management, all localities are given full autonomy. If the design reform needs the overall epistemological wisdom, then the implementation of the reform needs to reconcile Ding Ding’s methodological art.. The process of document formulation has been discussed by more than 10 departments and more than 100 meetings, taking into account the interests of all parties to the maximum extent. In implementing the reform, all parties should also be carefully deployed and coordinated. It is necessary to have a sense of urgency to get rid of indulging, boldly promote management innovation, and also to have a step-by-step methodology to firmly guard the bottom line of safety and stability. Reform depends not only on the original intention, but also on the effect test.
【Netizen said]
@ 軉枹: I haven’t taken a taxi for a long time. I use the internet to get a car. This is the result of market competition. I believe many people are like me. Everything must conform to the laws of the market.
@ Li Ermao 46054: Making the best use of everything and people’s talents is a necessary condition for social development.
@ 京京京京: Breaking the monopoly of taxi management and reasonable competition will definitely benefit the people.
@ Xuanzi 23386: The purpose of the new regulations is to standardize the network car, ensure the rights and interests of passengers and the safety of riding, and also effectively guarantee the quality of service.