On July 28, 2016, the Interim Measures for the Administration of Network Appointment of Taxi Management Services (hereinafter referred to as the “New Deal”) officially issued by the Ministry of Transport is not only the basic law for the regulation of travel in the new era, but also the basic law for the exploration of the Internet + industrial revolution. At the same time, the new car policy has also made China the first country in the world to officially recognize the legalization of special vehicles. It is a scientific summary of the practice of net-car development at home and abroad in recent years, and is a banner for protecting consumers' rights and interests in the field of Internet + travel. Reflecting the forward-looking vision of the legislators facing the Internet + industry trend, echoing the market's strong desire to share the economic and industrial 4.0 revolution, is indeed a good law with epoch-making significance.

1. What are the “employment certificates” for platforms, vehicles and drivers?

The New Deal has set up three necessary “job certificates” for platforms, vehicles and drivers, namely: “Appointing Taxi Business Permit”, “Appointing Taxi Transport Certificate” and “Attendance of Taxi Driver Certificate”. Compared with last October’s consultation draft, the names of the three “employment licenses” have undergone tremendous changes, from the original “Road Transportation Operation Permit”, “Road Transportation Permit” and “Practicing Certificate for Road Transportation Practitioners”. It becomes the relevant name of the current "job taxi". This reflects the fact that the legislators have abandoned the management model of incorporating the network car into the traditional taxi “old bottled new wine”, which is undoubtedly progress.

The license application for the network car platform, the New Deal and the draft for comment draft are not much different. The requirements for the “tax registration certificate” have been deleted from the application materials, and the review period has been reduced from 30 days of the draft for comment to 20 days. It simplifies the difficulty of platform application and improves the application efficiency. However, the issuing authority is still the “administrative department of taxis at the city or county level in the district”. There are more than 2,000 counties across the country, and it seems that the application of the platform is not too small.

The New Deal’s revision of the vehicle license is a highlight. First, the New Deal removed the request for the “vehicle owner” application in the opinion draft. Secondly, the New Deal deleted the request for the registration of the nature of vehicle use as a rental passenger. That is to say, when the network car applies for permission, it does not need to go to the public security organ to change the nature of the “non-operating” vehicle to “operating nature”. For the majority of part-time private car owners is definitely a gospel, which means that after the private car joins the network car, it does not need to comply with the mandatory regulations for mandatory scrapping and annual inspection of operating vehicles. Finally, there are still requirements for the condition of the car about the car, and it needs to meet the “operation safety related standards”. In addition, in addition to installing satellite positioning and alarm devices, the network car has deleted the requirement of “installing the meter” in the draft for comments. Private car owners no longer have to worry about the beauty of their car being destroyed by the meter.

The review of the qualification of the network car driver is one of the focuses of the society. The New Deal made major adjustments to the relevant provisions of the draft for comment: First, it requires more than three years of driving experience and three scoring cycles without a record of full marks; secondly, it will record "disasters without traffic accidents, drunkenness" The driving record, chasing the racing record was revised to “no traffic accident, dangerous driving crime record, no drug use, driving record after drinking”. It can be seen that the New Deal actually improves and refines the driver's entry threshold and makes passengers more secure. Thirdly, the New Deal has added the “No Violence Crime Record”. The violent crime record includes both robbery, intentional injury and intentional homicide, as well as rape, looting, slander and other crimes, including the sentence of death, indefinite life imprisonment. Persons who are violent criminals in custody and control should also include those who have been sentenced to probation. In addition, the New Deal specifically applies for the driver's qualification certificate, which can be applied by the driver himself to the driver and platform. Such a provision is to prevent the driver from neglecting the application and to extend the responsibility for the application review to the network car platform. From this perspective, the platform also has the responsibility of replacing the application and replacing the audit.

Second, the New Deal allows the Internet + travel to return to the market-led model

Highlighting the status of the market subject is another highlight of the New Deal, mainly in the following aspects:

First, the network car price is subject to market adjustment. The New Deal deleted the description of the “government guidance price or market adjustment price” of the draft for comment, and directly pushed the pricing of the network car to the market, so that the price factor played a leading role in the market, reflecting the relationship between supply and demand, which is to respect the market. Good measure of the law.

However, while highlighting the market adjustment price, the New Deal takes into account the differences in economic development between cities and increases the “except for the government to consider the need to implement government-guided prices”. Although such a regulation is based on the original intention of urban development differentiation, in practice there is a possibility that it is misunderstood and applied by individual local governments.

Second, the New Deal deleted the “quantity control”. The Exposure Draft puts the management and control of the number of urban taxis on the pre-conditions for issuing licenses to the network. The control of the number of taxis is a traditional category of taxi management. As we all know, the quantity control has led to the distortion of the supply and demand relationship in the travel market, which has led to the consequences of the taxi license being speculated. The New Deal has taken advantage of the situation, removed the quantity control, changed the supply and demand relationship and market dominance into a normal state, and controlled the quantity by price and supply and demand, which is far more accurate and sensitive than quantity control.

Third, the New Deal deleted the "market rewards, promotions" provisions announced to the public 10 days in advance. Market rewards or promotions are normal market behaviors, and there are corresponding competition laws and advertising laws that do not require additional provisions in special laws such as the New Deal. The New Deal removed the provisions of the advance announcement, reflecting the willingness of the legislative ideas to return to market leadership.

Fourth, the New Deal removed the requirement that the network car operators should not have a dominant market position in the service location. The additional restrictions on market dominance in the Exposure Draft do not meet the legislative purposes of the anti-monopoly law and are the wrong behavior of administrative intervention in market share. The New Deal has corrected this point and returned the legislation to the original intention of the “abuse of market dominance” legislation stipulated in the Anti-Monopoly Law. This is a major step forward and clarifies the basic attitude of the government to encourage market share expansion through legal market competition.

Fifth, the New Deal has clarified the fair competition order of the network car. According to the New Deal, the network car platform company must not have "to crowd out competitors or monopolize the market", and operate at "price below cost" to disrupt the normal market order. The New Deal also stressed that it is not allowed to damage the national interest and the legitimate rights and interests of other operators by "unfair price." This clearly denies the chaos of the "only capital theory" in the network car market, allowing the competition between the network car platforms, the competition between the network car and the taxi to return to the normal market environment, between the operators Need to improve the quality of service and protect consumer rights as the core of competition, can not rely on "saving money" to plunder the market.

Third, the New Deal confirmed the new business model of the network car

First, the New Deal divides the platform service capabilities into two categories: “online” and “offline”. Different from the traditional taxi industry, the online service capabilities of online car include information interaction processing capability, database access authority platform, server in the mainland, sound network security related systems, electronic payment settlement qualifications and capabilities.

The New Deal stipulates that the confirmation of online service capabilities does not require additional application for “sales permit”. It only requires the registration of the provincial car rental platform. “Provincial taxi administrations, the same level of communication, public security, network, and the People’s Bank.” Yes, and the result is “nationally effective”. Undoubtedly, this type of identification is much simpler than the approval of the municipal and county authorities for “offline” service capabilities.

Second, the New Deal respects the flexibility of signing labor contracts between the platform and the driver. Compared with the requirements of the draft forcing the platform to sign labor contracts with the driver, the New Deal has adopted a more flexible approach. The platform can sign “multiple forms of labor contracts with the driver” according to the characteristics of working hours and frequency of service. Or agreement." The regulations of the New Deal stem from the provisions of the Labor Contract Law of China on part-time employment. For part-time workers who work no more than "24 hours" per week, the employer may not sign a written contract with the employer, and the employment relationship between the two parties is at any time. Can be lifted, payment payment does not need monthly settlement, the flexibility of this employment relationship is very suitable for the "communication economy" background of the network car employment mode, more suitable for the network car driver "part-time" to earn home status.

Once again, the nature of the car and the retirement regulations are more scientific. The draft for comment will change the nature of the vehicle into a necessary condition for the “employment permit” of the network car, and the New Deal cancels this requirement. This change is in line with the “sharing economy”, and the mode of converting idle resources into effective resources is the practice of supply-side structural reforms and the response to the needs of the masses under the willing economy model.

The New Deal stipulates that the retirement period of the network car is set at “600,000 kilometers”, which is in line with the law of safe driving mileage of general vehicles. It is different from the ordinary vehicles and the operating vehicles, considering the actual interests of the owners of the network. The safety rights of passengers are guaranteed, and such regulations are in line with scientific laws and market practices. Of course, if the vehicle has been in operation for eight years but has not reached 600,000 kilometers, it will not be forcibly scrapped, but it will withdraw from the network car market.

Finally, the New Deal made it clear that “the ride” is not within the scope of regulation. The combination of civil vehicles is the scope of civil law adjustment, and it is a kind of "good intentions" in civil law. The ride is a magic weapon to solve urban congestion and reduce the number of vehicles on the road in the city. Judicial practices at home and abroad also have more mature jurisprudence. The ride is essentially different from the commercial profitability of the network car, so it is correct that the New Deal excludes it.

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