网约车法律规制的路径建构

The Construction of Legal Regulation Path for the Online Car-hailing Service

网约车是"互联网+"时代兴起的典型共享经济代表,既有效缓解了城市交通压力,又满足了公众的实际需求,但由此引发的一系列社会问题和法律冲突不容忽视。中国虽然是世界上首个承认网约车合法地位的国家,但中国网约车在法律规制上还存在着立法空白、执法监管矛盾突出、司法延迟保守等多元困境。面对这一挑战,中国应以保护和规范网约车行业发展为目标,以加强网约车立法力度、创新行政监管模式、完善司法救济制度、推进与社会的协同发展为关键举措,以期建构科学的网约车法律规制路径,有效提升网约车治理的现代化水平,促进网约车在法治轨道上健康发展。

The online car-hailing service, as the typical representative of the sharing economy rising in the period of Internet plus, has been effectively relieving the pressure of urban traffic and meeting the actual demand of the public. However, a series of social problems and legal conflicts caused by it cannot be ignored. Although China is the first major country to legalize the online car-hailing service nationwide, there are many difficulties in process of legal regulation, such as legislative gaps, serious contradictions in law enforcement and supervision, and judicial delay and conservatism. In the face of this challenge, China should take the protection and standardization of the development of online car-hailing industry as the goal, strengthen its legislation, innovate the administrative supervision mode, improve the judicial relief system, and promote the coordinated development with the society, so as to construct a scientific legal regulation path for online car-hailing, effectively improve the modernization level of its governance, and promote its healthy development on the track of rule of law.