【摘要】 网约车是近年来随着共享经济发展而产生的一种创新商业模式,区别于传统巡游出租车,应根据其技术和业态特征进行规制创新。中国2016年出台的《暂行办法》虽然明确了网约车的合法地位并将其纳入政府监管,但陈旧的规制理念和落后的规制方法并未能促成合理有效的监管。网约车规制应充分发挥司法机构执行公共规制政策的作用,在确认城市出行服务行业产权边界的基础上,建立起以侵权责任为中心的网约车合作规制体系。主要采取以司法机构为主的"责任"规制,事先明确网约车经营者权利、义务和责任,激励和约束行业的自律监管,辅以事后"责任"机制,消弭行政规制信息和效率方面的弊端,以促进网约车行业的良性健康发展。更多还原

【Abstract】 Being an innovative business model that has emerged with the development of the sharing economy in recent years, the online ride-hailing industry should be regulated according to its technical and business characteristics, which should be different from the traditional cruising taxis. Although the Interim Measures issued by China in 2016 clarified the legal status of online ride-hailing cars and covered it into administrative regulation, the outdated and backward regulatory concepts and methods have failed to facilitate a reasonable and effective regulation. The regulation for online ride-hailing should give full play to the judiciary in implementing public regulatory policies. On the basis of confirming the boundary of property rights of the urban travel service industry, a cooperation regulation system of online ride-hailing centered on tortious liability should be established, which mainly adopts the regulation of "liabilities" oriented by judicial institutions. The rights, obligations and responsibilities of online ride-hailing operators should be clarified beforehand, the self-regulation of the industry should be encouraged and restricted, which should be supplemented with an ex post liability mechanism, so as to eliminate the disadvantages of administrative regulation in information and efficiency and promote a healthy development of the whole industry.更多还原