出租车行业特许经营的违法性分析及其矫治路径-宪法学与行政法学专业论文.docxVIP

Abstract Taxi, an important part of the city’s transportation, is often regarded as mobile landscape or city card. The taxi industry is the matter about public interests and public service industries. Therefore, people pay more attention to the development of it. In recent years, the taxi industry has been exposed many problems, such as a series event of taxi strike movement, the proliferation of black cars and high price of “taxi license”, which were occurred in the city of Chongqing, Sanya, Hainan, Yongdeng Gansu, Shantou, Guangdong, Wenzhou Zhejiang and so on. The reason is something about the irrational control system of the taxi industry, whereas the existence of the franchise system is the core of an unreasonable control system. Author attempts to set Taxi franchise as the starting point, indicates the disadvantages which caused by the implementation of the franchise, combines with Constitutional, Administrative License Law and anti-monopoly law , moreover, explores the feasibility of the taxi industry and the path of the control mode on the basis of the theory to the taxi industry and related franchise. This paper is divided into four parts. The first part analyzes the general theory of the taxi franchise, mainly from the concept of franchising and the history of the taxi industry franchise. The second part examines the taxi industry, the disadvantages which caused by the franchise, including discrimination of market access , black car appeared in large numbers, taxi drivers in the interests of the chain ends, resulting in Damage for the national and the consumer personal interests. The third part is from the research on the Constitution”,Administrative Licensing Law and Anti-Monopoly Law, which analyzes the illegal practice of franchising on the taxi industry. It is contrary to the basic principles of the Constitution, violating the relevant provisions in anti-monopoly law ; meanwhile the “administrative license Law” hasn’t included it in the scope of gove