“网约车”市场监管及其行政法追问

ON THE MARKET SUPERVISION AND ADMINISTRATIVE LAW OF ONLINE CAR-HAILING SERVICE

现代科技的发展与经济的转型会催生新生的市场,对新生市场的监管实际是旧有监管的升级改造,需要新的立法形势与法治要求与之相适应。对"网约车"监管的再定位可以集传统监管理论与现代立法于一体,按照新型的立法分类来分析,从准入监管与后续监管的大类入手,再于后者中细化为一般监管、协同监管、信用监管、风险监管,不断总结经验,完善监管标准,同时要辅之以对监管者的监管。

The development of modern science ＆ technology and the transformation of economy will lead to the birth of the new market, and the supervising of the new market is actually the upgrading of the old supervising, thus there is the need to deal with the new legislative situation and to meet the new requ rule of law. The repositioning of the regulation of ＂online car-hailing service＂ can be combined irements of the with the traditional supervision theory and modern legislation and analyzed in accordance with the new legislative classification. The regulation first begins with the major categories of admittance supervision and follow-up supervision, and then goes further to the analysis of general regulation, collaborative supervision, credit regulation and risk management, constantly summarizing experience, improving the regulatory standards and strengthening the supervision of regulators as well.