At the same time, seven ministries and commissions formulated the Interim Measures for the Administration of Online Booking Taxi Management Services; The Ministry of Transport revised and promulgated the Regulations on the Management of Cruise Taxi Operation and Service.
Due to the obstruction of interest groups, the implementation of the "New Deal for Online Car Rental" is not smooth. But in comparison, the reform of cruise taxis is slower. Although almost all provinces have issued "opinions" and "plans" for reform, they have basically copied the the State Council document, and few specific measures have been introduced in combination with the actual situation.
Recently, the "old problem" of unclear ownership of cruise taxis seems to have broken out again: suspension, petitions and lawsuits caused by disputes over management rights have been staged in many places, and the voice of "confirming the right" has come and gone.
These incidents have made the cruise car industry, which has been hit by the network car, more turbulent. Worrying.
1
The core of taxi management is the right to operate. The dispute over the ownership of the management right is the management right.
However, it is hard to say what the management right is.
Literally, the right to operate a taxi is the right to operate a taxi passenger transport.
But this understanding is not enough. There are several meanings to pay attention to.
"Taxi" in "Taxi Management Right" only refers to cruise taxis. Market-oriented online booking of taxis has no "right to operate".
Two, "the right to operate a taxi" corresponds to the operation of vehicles. Therefore, the "Regulations on the Management of Cruise Taxi Management Services" is called "vehicle management right". In order to distinguish it from the business qualification of enterprises, some places also call it "management right".
Three, "the right to operate a taxi" is related to the control of the taxi capacity. Capacity control, also known as access quantity restriction, is the same as the operating vehicle index and planned delivery quota; There are also taxi licenses and overhead lights representing the right to operate.
There are different opinions on the nature of taxi franchise.
The right to operate is granted to the operator by the government. But it is an administrative license, but it is not very similar. There are no laws and regulations to set this administrative license. In the previous administrative power cleanup in various places, there were few taxi management rights as administrative licensing rights. Some people say it belongs to the government franchise. However, laws and regulations are needed to clarify which projects the government will franchise. There are no laws, regulations and rules on taxi franchise at the national level. Of course, Chengdu, Guizhou Province and other ethnic minority areas have it.
Some people say that the right to operate is a real right, but this obviously does not conform to the statutory principle of real right. There are also different views on whether the taxi management right that the government has not collected the paid use fee belongs to the property right.
Of course, the debate on the attribute of taxi management right does not prevent us from continuing to discuss taxi management right. It's normal to have an argument. As the core of taxi industry, the problem of management right exists objectively, and the corresponding management work will continue.
The complexity of taxi management right is inseparable from the development of taxis in various places. For a long time, taxi management belongs to local authorities and is the responsibility of the city government. The former Ministry of Urban and Rural Development and the former Ministry of Communications fought many lawsuits for taxis, and the dust of institutional reform in the State Council was settled in 2008.
However, by the time the Ministry of Transport began to actively design the top-level scheme of taxi management, taxis all over the country had already been running on their own tracks. It is very difficult to unify the orbit.
When it comes to the right to operate taxis, some cities downplay it at first, while others have established a very perfect management system, including paid methods, transfer transactions, assessment and supervision. Some cities also have special auction and mortgage systems to issue taxi operating licenses.
The provisions on the right to operate taxis in Guiding Opinions on Deepening Reform and Promoting the Healthy Development of Taxi Industry and Regulations on the Management of Cruise Taxi Management Services are more about "looking forward". On the historical issue of management right, we can only put forward some "scientific" and "reasonable" principles.
There are many schools of taxi management around the country, which is also the dilemma we encounter when discussing the right to operate taxis. Incomplete understanding of the situation is like a blind man touching an elephant.
This paper can only outline this situation on the surface, and it is difficult to cover all special situations except some exceptions.
2
Discussing the right to operate a taxi depends on how it came from.
The original acquisition of taxi management right comes from the government. The specific ways can be roughly summarized into three categories, which are basically three stages of the evolution of the transfer mode of taxi management rights:
The first is administrative examination and approval.
The government shall, according to the application, review the application against the prescribed conditions, and if it meets the requirements, grant the right to operate to the operator. At first, the taxi market was small and the management was relatively extensive. In the past, there was generally no quantity limit, no time limit for the right to operate, and no need to pay royalties. A number of individual industrial and commercial households have obtained the right to operate. Later, it was more common to grant the right to operate taxis to enterprises. Some cities later began to charge paid use fees for administrative examination and approval management rights, and some also limited the operating period.
The second is paid transfer.
With the prosperity of the taxi market, the right to operate taxis began to be controlled. As a limited resource, the management right is getting more and more valuable. The government that "runs the city" will not "consume" this "financial resources". The paid transfer of management rights appeared. Bidding has become a very popular way, and some adopt bidding and lottery. In terms of transfer fee, it has gradually moved from "price winner" to "price limit transfer". Most of the operating rights have a time limit, while a few cities such as Wenzhou sell the operating rights indefinitely without capping the price.
The third is free bidding.
After the financial resources of the city government are broadened, the disadvantages of paid transfer of taxi management rights are becoming more and more obvious. The central government has also begun to strictly manage paid transfer. Service quality bidding came into being. Through the comprehensive evaluation system, the government awarded the taxi management right to the bidders. The average bidder can only be an existing taxi company. The right to operate has a time limit, and it gradually changes from paid transfer to free use.
three
These transfer methods don't seem complicated. The problem is that after the transfer of management rights, various complicated changes have taken place, which is dazzling. To sum up, there are probably some situations.
It is affiliated and hosted.
In order to promote corporatization and scale, some local governments have adopted various ways to let taxi operators who were originally self-employed stay in taxi companies or join them to accept their management.
In the former case, the right to operate the taxi and the ownership of the vehicle nominally belong to the affiliated taxi enterprise, and both parties will sign an affiliated contract or a contract with the same operation or other names; In the latter case, the right to operate the taxi and the ownership of the vehicle still belong to the original operator in name. Enterprises provide services for operators, and also manage operators on behalf of government departments to a certain extent. Both parties sign custody contracts and service contracts.
The second is transfer and disguised transfer.
Due to the quantity control, the taxi franchise has become a scarce resource. Operators who are no longer engaged in taxi business transfer the right to operate or transfer it in disguised form. Most of these transfers are paid.
In this regard, some places allow transfer, and after certain conditions are met, the procedures for changing the business entity are given; In some places, the trading of management rights is prohibited, but they choose acquiescence, neither strict investigation nor explicit recognition. Very few people actually punish and recover unauthorized transfer.
The former, the ownership relationship is clear; However, in the latter case, the transferor and the transferee can only sign the transfer contract privately, and the transferee operates in the name of the original operator, and the ownership of the management right is unclear.
The third is contracting and leasing.
Taxi operators do not directly operate themselves, but operate others by contracting and leasing. The right to operate a taxi and the ownership of the vehicle belong to the employer.
The situation of "contracting" is very complicated. Some are called "big bags", in which the contractor pays all the operating rights and the funds for purchasing vehicles at one time, and pays a certain deposit and "contract fee" to the employer; Some "small bags", or "rentals". The employer (lessee) shall bear the paid use fee and contract (lease) the purchased vehicle to the contractor (lessee). The contractor (lessee) shall regularly pay the "contract fee (rent)", commonly known as "money". Of course, there are also some contracting methods between the two, depending on the contracting (leasing) agreement between the two parties.
The latter "contracting" can also be regarded as a mode of operation of the contractor. The former so-called "contracting", the employer not only does not actually own the vehicle, but actually sells the taxi management right, which is essentially the unauthorized transfer of the taxi management right.
The complexity of taxi management right is not so much.
Some enterprises have acquired the right to operate through the overall acquisition of other enterprises, which actually changes one side of the contract and the subsidiary contract, and the internal policies will also change.
Some contractors changed hands to rent taxis, which became a "second package", and the relationship was more complicated.
Management rights have changed hands repeatedly in various ways, and some cities have actually traded 890% of the management rights.
Some enterprises change the ownership of the management right by adjusting the contract by using the operators who have not strong legal awareness and deep understanding of the terms.
After some contracts expire, both parties have their own opinions on the extension of the contracts.
The adjustment of industry management and tax policy involves the adjustment of rights and obligations, and both parties to the contract are arguing endlessly. four
The dispute over the right to operate taxis concerns the vital interests of all parties, making it impossible for enterprises, operators and drivers to concentrate on improving service quality and form healthy competition with online car-sharing. The stability and development of the industry have been seriously affected.
In many cities, it has become a hurdle to promote the reform of the taxi industry to clean up and rectify the business methods such as linking and contracting, clarify the business relations of all parties, and "confirm the right" of taxi management.
How to "confirm the right"? This is an important issue, and this paper can't grasp it, so I can only put forward some opinions.
Respect the contract.
There are some contracts around the right to operate taxis. Generally speaking, these contracts did not violate the legal provisions at that time. If there is no evidence to the contrary, it is the expression of the true meaning of the parties and has legal effect. Even though some contract format clauses may be "one party exempts its responsibilities, aggravates the other party's responsibilities and excludes the other party's main rights", they are still invalid and do not necessarily lead to the dissolution of the whole contract. In a society ruled by law, all parties should keep their promises and keep their promises. The legitimate rights of all parties should be guaranteed. As a relatively strong party, taxi companies have made more or less use of their own policies and economic advantages. However, the actual operator has insufficient legal knowledge and cannot choose completely freely. It is not objective to say that both parties to the contract are equal. Enterprises should understand this more and grasp the spirit of contract from a higher position.
We should be realistic.
The evolution of taxi management right has a historical background, so we can't simply look at a contract. If there were no government departments or mandatory or "guidance" at that time, there would not be a large number of links and hosting; Without the strict control of government departments, the right to operate is only granted to enterprises, and operators do not have to invest huge sums of money to "contract" taxis and accept unequal conditions; If the government departments were not ambiguous about taxi transfer, there would not be a large number of nominal operators and actual operators. These are unfair to the actual operators as individuals. The actual operators should also think that they can engage in taxi business only by borrowing the name of the enterprise. Not many people make sense. Both sides are realistic, and it may be easier to solve the problem.
We should focus on the future.
The purpose of rectification is to promote reform and promote the sustained and healthy development of the taxi industry. The two sides of the dispute over management rights do not mean who wants to destroy who, and there is no need to make it to the point of life and death. The actual operators directly provide passenger services in the front line and bear considerable operational risks. Taxi companies also help to improve the level of industry organization and cover industry management. At present, the policy environment has been adjusted, the technical conditions have changed, and the industry is facing the growing travel demand of the masses, not to mention the "barbarians" at the door. Mutual understanding, mutual accommodation and unity are the right way. The two sides tear at each other, and the final result is bound to be a total collapse. It's the big boss and the black car driver who steal the fun. To solve the contract dispute, first of all, both parties should negotiate amicably. You don't have to hold your absolutely right thoughts. For example, the right to operate a taxi and the ownership of a vehicle are "two rights in one". As long as one party compensates the other party, it can "unite" with the actual operator or enterprise. Government departments and trade organizations can be good intermediaries for mediation. Taxis have to "live" and "live" in the future.
Introduce policies.
The dispute over the right to operate a taxi is a dispute over interests. I'm afraid it's not possible to rely solely on consultations between the two sides. There must be policy support and guarantee. Government departments should play their due role, and those who express their views should express their views and formulate policies as soon as possible. As an administrative organ, the competent department of industry, unlike the court, has no right to terminate or change the contract, but it can organize administrative mediation on the premise that both parties to the dispute voluntarily. Some administrative measures can be taken when necessary. If it is found that "unauthorized transfer of management rights", violators may be investigated. At the same time, it is necessary to introduce some reward and punishment policies to help the disputing parties resolve their contradictions. In the work of "confirming the right" in Hangzhou, the taxi enterprises that have completed the clean-up will be rewarded with new taxi management right indicators according to a certain proportion according to the number of vehicles cleaned up; For enterprises with unclear ownership, the allocation of new taxi business qualifications will be suspended. This should be a better way.