关键词: 网约车, 出租车, 行政规制, 司法规制, 合作规制

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China in 2016 clarified the legal status of online ride-hailing cars and covered it into administrative regulation,the outdated and backward regulatory concepts and methods have failed to facilitate a reasonable and effective regulation.The regulation for online ride-hailing should give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.

Key words: ride-hailing industry, taxi, administrative regulation, judicial regulation, cooperative regulation