Internet+†is a new format for the integration of the Internet and traditional industries under Innovation 2.0, and the special vehicle generated by the Internet taxi software is one of the products in the context of “Internet+.†With the rise of the mobile Internet, taxis and buses Mobile modes such as carpooling and car rental have gradually become new. However, due to the lack of specific regulatory norms, such emerging formats have been in dispute with the dispute since its birth.
On April 15, 2015, with the domestic “first case of special car†in the Jinan City Central District Court, the safety and legality of the special car service was once again pushed to the forefront.
Since the birth of the special car model in 2014, the controversy about its "black and white" has not stopped. While meeting the needs of the citizens for diversified travel, the special car also impacted the traditional taxi business and management model. As a new format based on "Internet +", it is necessary to let the car develop in a constrained manner or to be banned, and become a deep problem to be considered in the case.
â— Nanfang Daily reporter Cao Fei netizens focus on the "rationality" of the car
On January 7th, Chen, who used the Drip Special Vehicle software to send passengers at Jinan West Railway Station, was identified as illegally operated by the law enforcement personnel of the Municipal Public Passenger Transport Management Service Center, and was fined 20,000 yuan. Due to the decision not to accept the punishment, Chen submitted a complaint to the Central District People's Court of Jinan City, requesting the Municipal Passenger Management Center to revoke the punishment.
On April 15, the case was openly heard in the Central District Court of Jinan City. As the first special administrative case lawsuit in the country, the case quickly became a hot topic in public opinion.
According to the Baidu Index, the hot spot trend index of “special car†climbed rapidly from 2000 on the 14th to 4097 on the 15th, reaching the highest peak in the near future. Enter Baidu search to enter the "first case of the car", the relevant results are about 2.05 million.
It is worth noting that if you pull the long axis to see. April 15 is also the second peak of the "special car" sensational information outbreak in the past six months. The last peak appeared around January of this year, when Shenyang, Shanghai, Beijing and other cities identified the car as a "black car." This highlights the huge repercussions that have sparked in the media and the public opinion field with the opening of the case.
In the Sina Weibo platform, which focuses on public discussion, the “first special car administrative lawsuit†has also become a hot topic. The number of microblog discussions reached 1,679, and the reading volume reached 3.375 million. At the same time, while reprinting media-related reports, netizens also discussed the topic of "special car". Some media monitoring discussions found that the most frequently mentioned keywords in this discussion included “market demandâ€, “legalizationâ€, and “securityâ€.
From the perspective of the source of the "special car" in the public opinion field, the traditional media focused on the statement of the trial and the focus of the dispute between the parties, and cited the opinions of the experts on the outcome of the trial, the impact of the case on the Chinese taxi industry, etc. Aspect analysis. The netizen, as a representative of the public opinion, is another important subject in this public opinion field, and its focus is on the rationality of the existence of the special car.
Or promote the improvement of the special car legislation Jinan Intermediate People's Court, Jinan City Central District Court through the Sina official microblogging this court trial live broadcast. Looking at the three-hour trial, the focus of the dispute between the two parties is mainly on two issues. First of all, the plaintiff Chen believes that the passengers are not paid on the spot, which means that the transaction does not exist and does not constitute an illegal fact; the defendant believes that if there is no law enforcement, the payment will be completed, which does not affect the vehicle that Chen drives. The fact that the relevant operating activities are carried out without a taxi operating license.
Whether the defendant has the right to administrative punishment has become another focus of debate in the court. The plaintiff considered that the other party “acted as an institution in the trial of the administrative penalty right without explicit legal authorizationâ€; and the defendant stated that they obtained the provisions of Article 6(1) of the Shandong Provincial Road Traffic Regulations. Authorized to have the power to exercise administrative penalties.
After the trial, Chen faced the media and said that the other two issues are the other core of the case: "As a car driver and as an ordinary user, I think the car is convenient and fast. The punishment of the Jinan Passenger Transport Management Center, Thousands of ordinary people will lose the possibility of obtaining this service." Chen said: "If there is a lack of analysis of a new thing, the policy can not keep up, then there will be more and more contradictions. I hope to try to promote it by myself. The car policy is loose."
Chen’s views and actions have won the support of many netizens. In the voting conducted by Shandong Traffic Radio on the audience and the public after the trial, up to 81% of the voters voted for the car. On the Sina Weibo platform, there are quite a few voices supporting the car. @è“莎å°è±¡Raza: "The number of taxis can't meet the needs of the public, and there are frequent cases of refusal to carry and bad attitudes. In this case, the existence of the car must be reasonable and support the existence of the car!"
However, some netizens think that the special car should be banned or at least strengthen the supervision from the perspective of safety. @CRA_Smiling little fish said, "How can the rights and interests of the passengers be maintained after the accident, depends on the car company? Without legal intervention, how can we ensure that the safety reaches the destination and the rights and interests are not damaged? !"
While netizens enthusiastically participated in the discussion, legal experts also expressed their views on the case. Some observers believe that strengthening the supervision of the special car market and gradually introducing the car to the formality may be better than "one paper ban". Two days before the trial, the Peking University Constitution and Administrative Law Research Center held a seminar on the development of special vehicles in Beijing. During the period, many legal experts believed that innovation could not be stopped by administrative regulation. If the law and the old system were not adapted to the needs of social development, they should be revised and changed in a timely manner. A number of well-known media also put forward expectations for the development of domestic special vehicles, hoping that the case can promote the improvement of special vehicle legislation.
From the perspective of market operation, experts from the South China City Research Institute pointed out that the monopolistic behavior of state-owned taxi companies should be broken. The state should gradually release the issuance of taxi driver operating licenses, and the emergence of special vehicles may become an opportunity to break the monopoly. .
The opening of the market is not completed in a short period of time, and various countries are adopting different methods to seek breakthroughs. Taking Guangzhou as an example, Guangzhou plans to launch 2,950 taxi capacity indicators operated by lease in 2014, which may become a “knock-knock†to open the taxi market.
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