even the lack of legal basis.

才阿卡甲方服

9 Law School students and teachers proposed legal review & nbsp; was dismissed Legislative Affairs Office of Hunan Province & nbsp; & nbsp;
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Professor of Law, questioned taxi franchise
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Source: Hunan TV -etv "legal weekly"
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"Legal Weekly" reporter Li Junjie intern Huangqiu Xia He Jinyan
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Country after another taxi transport strike case has been gradually rising from the competition to the benefit pattern may endanger the social stability of the local public events.
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Traced, no doubt, both the game and the distribution of benefits between taxi companies and taxi drivers between - the taxi driver shall be fixed monthly payment to the company's "elements of money" (contract fee), in addition, with the a constantly updated prices, invisible follow operational costs increase, the benefit will be unequal balance naturally, also led to the generation of contradictions.
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"We found that root cause lies in the Government Concession taxi, making the company the right to operate a taxi cab in the formation of a monopoly of possession, but the right to operate a taxi for the implementation of administrative license practice is widely implemented in the country." Xiangtan University Law Professor loving Europe and 8 graduate consult the management of the relevant existing taxi laws, regulations, rules, after careful study and found that the implementation of administrative concession right to operate a taxi this universal practice, even the lack of legal basis.
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Then, nine "good" Xiangtan University School teachers and students to find the two requirements "Taxi franchise," the government document carefully "consultation" a lot. They believe that these two requirements in taxis franchise "red tape" has no legal basis, the nine students and teachers filed a joint application to the Hunan Provincial Government Office of Legislative Affairs, requesting the relevant "official documents" legality review.
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It also allows controversial city taxi "corporatization" and "individual" between the once again become the focus of public attention.
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"National common practice actually no legal basis"
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Last September, Xiangtan University Law School professor loving Europe is a graduate Paper proposals as "taxi franchise system research." By consulting a large number of documents and data,http://aidouba.cn/forum.php?mod=viewthread&tid=10986&fromuid=996, loving Europe and students have found that for the implementation of administrative concession right to operate a taxi in this country a common practice, actually the lack of legal basis.
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After legal argument, Xiangtan University Law School students and teachers in the sights of nine people at all levels of government in Hunan Province provides for the right to operate a taxi, through extensive collection, found in Changde, Hunan and other places are defined and the implementation of administrative concession right to operate a taxi , provides that only legal to operate a taxi, Changsha requires individual taxi operators must accept the taxi business enterprises, urban Taxi Association club or personal service companies managed to impose the scale of business model, "which citizens make their own decisions They constitute undue restrictions, contrary to the higher law, so we managed to nullify provisions of Changsha and Changde franchise regulations. " Loving Europe submitted to the Legislative Affairs Office of Hunan Province,nike pas cher, he mentioned that the review application.
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They Changsha Municipal Utilities Authority, the Price Bureau, Finance Bureau jointly developed the "Changsha City Taxi operators to identify new round plan" (hereinafter referred to as "embodiment"), and Changde Municipal People's Government to develop a " Changde City public passenger transport management practices "(Changde Municipal People's Government Decree from the 9th June 3, 2006 implementation) were made to the Hunan Provincial Government Office of Legislative Affairs to review the legality of the application of normative documents.
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In loving Europe and 8 students opinion, the reason they will review the legality of taxi filed regulatory documents, because they believe the taxi franchise not only has no legal basis, but very harmful: First Franchising make ordinary people in the taxi business is difficult, which gave birth to many of the black car, triggering a tragedy such as the rule of law "fishing law enforcement"; the second is caused by a taxi franchise business monopolies, increased the financial burden on the driver, which is the taxi strike the root cause of frequent incidents of transport; third franchise monopoly caused, resulting in insufficient market supply, is not conducive to people's travel, also raise the price of a taxi, against the interests of consumers.
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Loving Europe said that any citizen has the right to "official documents" oversight, administrative review of normative documents for citizens to exercise supervision provides a practical way, opening up another way of civil rights remedies.
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First, he said, according to the former Ministry of Construction in 1997 provides that "city taxi management approach," Ministry of Public Security jointly developed,christian louboutin milano, for qualified individual industrial and commercial households taxi passenger management agency shall from the date of receipt of the application documents The thirty days, made in accordance with the development plans and taxi conditions applicants review the decision, approved, issued license certificate; not approved, notify the applicant in writing.
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Secondly, according to "People's Republic of China anti-monopoly law,http://www.career-c.com," Article 32 states: "the administration and authorized by law to administer public affairs may abuse its administrative power or disguised defined units or personal business, buy, using the specified operators to provide their goods. "The law provided for products of course include" service class "products. "Implementation plan" will be defined in the taxi business entities "to operate a taxi business, city Taxi Association club or individual services Companies Hosting" range, denied the right to comply with other conditions of enterprises and individuals engaged in taxi custody business, therefore, "implementation plan" hosted provisions of "anti-monopoly law," conflict, it should be rescinded.
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"Thus, the implementation of a franchise must have a legal basis, but in the laws and regulations of Hunan Province, yet a clear concession to the taxi industry included in the scope of the executive." Loving Europe that,http://ubasawa.cosplay-japan.net, according to the "State Council on the need to retain the administrative examination and approval items administrative licensing decision "and" the Ministry of Construction for inclusion on the decision of the State Council administrative license provisions fifteen, "the taxi industry does not belong to the scope of administrative concession, lack of legal basis of the provisions of trusteeship should be rescinded. This means that individual citizens they meet the conditions prescribed by law, you can apply for the right to operate a taxi.
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Accused of "corporatization exploitation" profiteering
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Loving Europe believes holds the monopoly right to operate a taxi from the taxi company, he ruled out the possibility of individual taxi operators, in addition to the individual stopped the taxi industry. In practice, many taxi companies get the right to operate,nike france, they are not operational, and the right to operate subcontract to small companies, small companies sub-contracted the primary driver,http://clsqshequ.t66y.top/forum.php?mod=viewthread&tid=70700, the primary driver and then subcontracted to co-pilot, deputy the driver then subcontracted to top class driver, so layers of subcontractors, each subcontract once, exploit a profit. Pilot a "pyramid" of the bottom, most end of the chain of interest. All levels of the driver's home just get all "envy of money" (contract fee), "fees", which leads to unfair distribution of the taxi industry interests seriously, and led to a clave "corporatization exploitation" profiteering " rentier class. "
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In May 2009, in Changsha, the five-year taxi driver Zhang Han (a pseudonym) spent 310,000 yuan from the hands of others bought a "three-dimensional" taxi, but the boss does not taste as good as imagined . Zhang Han said that during the day, he contracted the car to the main drive of Lee (a pseudonym), himself open evening. Because the day shift to pay 'fees' 210 yuan, 90 yuan more expensive than the evening.
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Zhang Han said,nike air max, a month must be paid in addition to the depreciation charges and fees to the company, he last night of pure profit only 100 yuan a month off, Zhang Han wages only 3,000 yuan, of course, this will have in the month appear without violations, accidents,bracciali tiffany, complaints and other issues.
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And Zhang Han The difference is that 36-year-old Zhang (a pseudonym) in a taxi after six years, suddenly switch to open the "black car", in his words, a taxi driver too much pressure, always on the verge of a loss .
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Zhang told reporters, before he chose to "package" in the form purchased a taxi from a taxi company in Changsha, "work more than 11 hours a day, but most of the money but had handed over to the company, which was very cost-effective. "
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In the interview, most of the taxi driver said, Changsha taxi company to pay to depreciation, fees high, a "blue light" a taxi driver said only these two charges reduced, in order to protect taxi drivers There are certain income. In addition, taxi drivers also reflect Changsha, Changsha taxi is too small, resulting in a taxi as house prices are now as being the more heat the more speculation, so many taxi drivers are unbearable.
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Following the incident, Chongqing taxi transport strike last November 10, Sanya City, Hainan and Gansu Yongdeng County,http://www.infocrystal.com/alink/apeboard_plus.cgi?command=read_message&msgnum=10/, there have been two taxi transport strike. Because local governments handled properly, without major incident. Some analysts believe that the reason for this by "transport strike" interests of the game were the root causes of the phenomenon, the existing taxi industry "corporatization" system. This system provides the taxi company must limit the individual to enter, with nowhere to go individual taxi operators, only defected to the company, in order to survive.
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Government documents and industry regulations are fixed "company" and make Taxi "company" from a market subject into a management agency, a public resource,http://bbs.gj.qcplay.com/forum.php?mod=viewthread&tid=880522, governmental authority "commoditization" of the carrier, its essence is the government once Secondary monopoly under monopoly. Face serious unfair distribution of benefits industry rules and the absence of voids service, driver swallow their anger, and the driver income is relatively low, especially when the fuel gas prices rose sharply, this kind of contradiction is even more prominent.
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"Corporatization" and "individual" dispute
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In last year's "two sessions",http://115.29.109.79/bbs/forum.php?mod=viewthread&tid=632743, the CPPCC National Committee Tangyan Wen According to the survey, many parts of the country appears that the taxi transport strike event, there are hidden behind the system defects, she was "on the reform of the taxi industry system proposal" (3975 No.) called for a comprehensive reform of the taxi industry system, the abolition of mandatory "company", allowing the company from operating in their individual capacities. The proposal has aroused great attention of relevant state departments, the Ministry of Transport said that they are currently organizing the drafting of the taxi industry policy.
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"Taxi industry is such Inc., failed to reach help strengthen financial supervision and regulation, in favor of large-scale objects, the contrary, it gave birth to a disguised form of monopoly profit groups, causing all sorts of contradictions. Therefore, a comprehensive reform of rent car industry system, the abolition of mandatory Inc., open market, start a real market-oriented operation system is the inevitable choice. "he says loving Europe.
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Director of public management at the Changsha Municipal Utilities Authority Danny Chan introduced since 2004, Changsha Municipal Utilities Authority to take over the taxi industry from the hands of the traffic police department, then there are the taxi company Changsha 57, after recent years of optimization and adjustment, now 28,http://www.8liuxing.com/home.php?mod=spacecp&ac=blog&blogid=, a total of more than 6280 urban taxi station.
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Danny Chan told the "Legal Weekly" reporter, at present, the domestic industry has three taxi business model, other cities are also in accordance with these three models as a reference, the same. These three models are called Beijing model, Shanghai mode, Wenzhou model, Changsha taxi market, mainly in the form of lease based business model. Danny Chan explained that the Beijing model is the leasing business and contract business model that made the company the right to operate in the future, a car rented or contracted out to individuals; Shanghai model is the company of the business model: management rights belong to the company, all employees company management are implemented, according to the formal procedures recruiting posts; third Wenzhou mode, all the open market, a taxi is a business individual, for the individual business model.
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"From a national three models, the most stable is the Shanghai model. Never seen Taxi Driver Strike event." Danny Chan said that the taxi industry is the public service sector, but it is a competitive market in the field of service industries, It differs from the bus industry, bus and taxi, although belong public transport, but the bus industry is a completely public service sector, its fare regulation by the state, the taxi fare by certain swap market . At this stage, let the taxi completely come to the market conditions are not yet ripe.
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Because of this, if each car is a business entities, law enforcement authorities, whether in human or material resources, will increase the cost of enforcement. To maximize profit, individual drivers will not hesitate to reduce the quality of service, even at the illegal, such as rejection and cheating and so on.
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For frequent transport strike problem, Danny Chan also said that this is actually the competing interests of the company's interests and employees, however, the benefits to whom tilt it? As a government, the industry needs is the quickest and most high-quality public services, which is not an interest group services. Moreover, even if completely open market, they will inevitably "layers of peeling" profit-driven phenomena that occur when the individual subcontractors.
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Recently, the reporter learned from the Hunan Provincial Government Office of Legislative Affairs, Office of Legislative Affairs loving Europe have responded in writing, rejected his request.
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In this regard, loving Europe believes that before this, many people are concerned about the right to operate a taxi from an economic perspective, people's livelihood and social perspective and point of view to discuss the pros and cons, from a legal point of view they first proposed the implementation of administrative concession right to operate a taxi lack of legal basis in the hope aroused concern in developing countries after the new regulations may also take this into consideration. (Newspaper blog address: