问题与路径:我国网约车法律规制研究

The Study on the Predicament and the Way out of the Legal Regulation of Online Car-Hailing in China

网约车作为共享经济的代表性业态,以大数据和云计算技术为驱动,对传统出行业态实施了现代化改造。网约车释放了诸多社会“红利”,亦改变了秩序、利益的配置方式,但在运营安全管理、产品合规性等方面存在诸多问题和安全隐患,这些问题仅仅依赖平台的自我规制无法有效解决,亟须完善法律规制予以回应。因此,欲促进网约车健康持续发展,应从完善网约车立法、规范执法方式及尺度、发挥司法规制优势、建立健全配套保障措施等方面建构具有互联网思维且符合法治原则的网约车法律规制体系。

As a representative business form of China's sharing economy,online car-hailing has modernized the traditional travel business form driven by big data and cloud computing technology.Online car-hailing has released many social“dividends”and also changed the way in which order and benefits are allocated.There are many problems and potential safety hazards in operational safety management and product compliance.These problems cannot be effectively solved only by relying on the self-regulation of platforms,which are urgently needed to be regulated by laws and regulations.Therefore,in order to promote the healthy and sustainable development of online car-hailing,it is necessary from the aspects of perfecting the legislation of online car-hailing,standardizing the law enforcement methods and yardsticks,giving full play to the advantages of judicial regulations,and establishing and sounding safeguard supporting measures to construct a legal and regulatory system with Internet thinking and in line with the principle of law.