Should taxis be positioned on universal service?

Recently, the Ministry of Communications has formulated the Notice on Promoting the Orderly Development of Calling Services for Taxi Calls by Mobile Software, etc., and solicited opinions from the public. After the "Notice" was announced, it has drawn great attention and extensive discussion from all walks of life. The "notice" comments deadline for the June 10, at present, the deadline has passed, a drop of taxi and fast taxi the two largest third-party mobile phone taxi software, did not comment on this comment .

On June 14, as a trade organization in the information industry, China Institute of Information Economics invited specialists in economics, law, transportation and the Internet. Participating experts focus on the government should play the role of regulatory platform or scheduling platform, taxi software how to get benign development in the future to discuss in depth. They highly affirmed the benefits brought by the integration of mobile Internet technology and transportation industry to the society and also put forward some valuable opinions on Ministry of Communications documents.

1 The government can only play a regulatory role

Wang Ming

China Institute of Information Economics

Secretary General

I personally like dripping and fast, and when it comes to the need for a fare call to a car, there is "peak pricing" in economics because it was so hard to hit a car at rush hour and there were so many vehicles that the road was so crowded, Paying for higher prices may result in higher infrastructure usage and higher prices for limited facilities for those in need. The price is determined by the power of supply and demand. We can not just look at the fact that such a high price is not conscientious and is actually determined by the power of supply and demand. Including the black car, why there is a black car? That place is no taxi supply.

But should taxi positioning in the universal service? If it is universal service, really want to control it; if not, we should let go to the market forces to decide.

In addition, I would like to mention the issue of a market order. When we use the taxi software, not only the government concerned, ordinary people say, how can there be a pie in the sky, it seems that manufacturers have a big conspiracy, we first come in and form a monopoly may be some do not Good for consumers. In fact, the monopoly of the industrial age is formed on the production side. The production side has a huge investment in fixed capital, forming a great productive capacity. Drip and fast monopoly is also the pattern of this monopoly is mainly in the client, not the production side, but the client has a strong network effect, the more people gathered above, the more drivers, the more passengers , This platform will be better and better, so also form a monopoly, the formation of network effects.

The network effect forms a monopolistic pattern. In fact, it still faces the pressure of relatively strong potential competition. Users' experiences are not good enough and subsidies are canceled. Therefore, there will be competition pressure. Does the government have such a high degree of vigilance against such monopolies? In fact, monopolies appear to be monopolies. In fact, various forms of monopolies, monopolies of resources, patents, natural monopolies including cost characteristics, and many types of monopolies are intended to be exploited by consumers. In fact, Subsidizing his opponents to the opponents a chance, the most terrible is the monopoly of force, there may be a high degree of non-institutionalized, dominate the market, buying and selling syndicates, and a high degree of institutionalization comes from the government's administrative intervention, The monopoly of market opportunities eliminates potential competitors. From this perspective, the government can only play a regulatory role, but also pay attention to the regulatory approach.

2 unified terminal stifle technological innovation

Xue Zhaofeng

Peking University Law and Economics Research Center

Co-director

I have a few thoughts. First, I do not think taxis are public goods. Because even public goods, buses and subways should be paid as much as they can and taxpayers' money should not be used. Taxis are relatively extravagant and emergency services, following the principle The user should still pay. The government should play a role in setting a standard for regulation. In this sense, there should be a city card that should be paid by the driver.

Second, subsidies are unfair competition and exclude other providers of small software. This is a way to avoid network effects. As early as possible, subsidies bring users together on a platform where the winner wins. This is also the solution to the problem of drivers behind the taxi Install a number of terminal problems approach, we gather in a platform, the larger the platform, the more participants, the better the effect, whether the driver or the user does not want to switch between multiple platforms, subsidies play this role. But it can not solve the problem obviously.

Third, the driver's no-load rate is the best measure of efficiency indicators, still can not find the car when off work, there is the amount of control there.

Fourth, the price is not fair, the original price of different periods of different sections of floating, the city inside to do a job, the price transparency, how much the current price increases, as long as the transparency of the public is fine.

The fifth is safety. Loading a taxi software affect safety? How much scratch increase? Do not install also scratch, after the increase of the probability of scratching installed? The speed of running inside the city is quite slow.

The sixth is the issue of default. There are many ways, like Taobao, which are not software problems but human problems. They are quality problems. The farther they are, the more likely they are to default. The immediate realization of this can be achieved.

The seventh is equipment problems. The most significant change in mobile phone call is the use of people's voluntary equipment updates, using mobile phones as an important infrastructure in the mobile switching platform, we automatically change the phone every two years, which is how fast the device updates. Compared with unified terminal equipment, mobile phones are the most important reason for the rapid development of call-taking software. Therefore, unified terminal management is the stifling of technological innovation.

3 taxi software did not disrupt the economic order

Shengjie Min Peking University Law School

professor

I am engaged in competition law, engage in anti-unfair competition and anti-monopoly, competition is a concept, a process, sometimes difficult to quantify, often as a competitive science from there is no harm to competitors, whether the efficiency of the consumer Bring benefits from these perspectives to analyze the problem.

Taxi software efficiency is no problem, empty rate reduced, and even to the government envisaged carpool to create a certain amount of space, the overall taxi problem is also part of the solution, but the taxi market before the existing problems It is hard to realize that all problems like getting a taxi from the elderly are solved by a new thing.

That taxi software damage to competitors? There are mainly taxi market drops, fast and taxi platform three competitors. Drip and fast with the means of price increases with the platform of economic characteristics, rapid occupation of the platform to expand the platform to capture the market to attract attention, this method needs improvement later, the money used to make the elderly a little easier for a taxi, pay attention to Secure or establish a more interoperable platform. Their means do not amount to unfair competition in the means of competition.

Impact and efficiency, compared with the interests of consumers, positive energy or negative energy? I think the energy is still big and it is also welcomed by the consumers. The problem of taxi drivers being difficult for the elderly is not only affected by the drop-in taxi and the fast emergence, but also can not constitute a monopoly or an unfair competition. Therefore, the rapid, did not disrupt the economic order, excluding competitors, damage the starting point of other competitors and deliberately.

4 first rule to solve the problem

Wang Jun China University of Political Science and Law

professor

Through the study of taxi calls in various countries in the world, it is found that there is no requirement to establish a unified dispatching platform in the countries or regions where the call evolves first. In view of the long-term competition in the Internet, it is necessary to unify the thinking of the planned economy . This is equivalent to this analogy. In the past, wagons were used. Later, some people invented the engine to run a car. The government said it was a good thing, but your engine must be installed on a wagon.

In the regulation of taxis, many countries also engage in regulatory reform. The trend is to promote competition in a regulatory manner, requiring regulation or letting people exchange information more fully to allow passengers to select taxis more fully and evaluate taxis instead of saying they should strangle passengers Therefore, our philosophy is still problematic. The principle of competition as a principle and regulation as a supplement has not been implemented. After the new taxi software came out, the original service market is causing some impact. The elderly do not have this thing, when he called the car, call or car non-stop, add some measures to solve the tree a card to suspend operations, obviously unfair to the elderly, why I can not play a taxi it? Here are the rules to solve the problem, beckoning priority, met Waig must stop, become a call default, may not occur in foreign countries, in many countries parade taxi and taxi call class is divided into two categories The parade only allows cruises, does not allow the phone to answer the phone, allows the phone to answer the phone only, does not allow to pull in the street guest, in this case will not have the conflict.

5 He Baohong Ministry of Industry and Information Technology Telecommunications Research Institute

Director of Internet Research Center

Do not agree with the data unity

Ministry of Communications, "on the promotion of mobile phone software such as call taxi taxi service orderly development notice" on the study of unified taxi management information and data sharing agreement on the issue. Research and development of relevant data sharing standards is possible, but I do not agree with the issue of data harmonization, the unity of the market behavior, data between different enterprises is not the same, including quality of service, these are the technical standards which should be specified , Not the content of government documents. On the issue of shared data, first, the call platform is the government to pay the money to build, which belongs to the public data sharing and opening up, it must be done; and taxi data belonging to commercial data, belonging to the assets of the enterprise , The government can only require the business to provide it if safety and special regulatory requirements are needed.

The government should propose a unified regulatory requirements and needs, rather than a unified request to a platform and terminal, to provide specific technical forms and methods of operation. What is a unified call platform, what is the car terminal? This rule is not operational even after publication.

6 the principle of competition, supervision as a supplement

Zhang Hong

National Information Center Information Research Department

director

Taxi software hit the taxi industry, the response is the impact of the Internet on traditional industries, which gives us a different feeling, behind which is the contradiction between advanced productive forces and backward production relations reflected in the rental industry. In the transition from an industrial society to an information society, this kind of struggle will take many years and five to ten years.

In the regulation of taxis, many countries also engage in regulatory reform. The trend is to promote competition in a regulatory manner, requiring regulation or letting people exchange information more fully to allow passengers to select taxis more fully and evaluate taxis instead of saying they should strangle passengers We have the freedom to choose on the basis of sufficient information. Therefore, we still have some problems with our philosophy. We have not implemented the principle of "competition is the principle and regulation is the support".

7 The government can not forcibly participate

Cheng Shidong

National Development and Reform Commission macro hospital traffic research center

director

Information sharing, including industry authorities, taxi companies, taxi software, all parties should clear what information sharing industry authorities, taxi companies share what information sharing, taxi companies share what information on the basis of mutual sharing, in order to facilitate Regulate the legitimacy of drivers and the quality of service supervision.

If it is a unified regulatory platform, there is no problem, if it is a unified scheduling platform or a unified vehicle terminal, there is a big problem, in that case, there is no need for taxi software, equivalent to the government unified call Things have been done. This highly institutionalized is equivalent to the government's intervention in administrative power, the monopoly of market opportunities, eliminating potential competitors, so the government should pay attention to the regulatory approach, can not be forcibly involved.

8 government regulation is "second best choice"

High Qin Wei

Central University of Finance and Law School

professor

Mobile phone software is called the public mobile phone, loading the corresponding call the software to achieve ahead of time about the car, changing the original passenger "curbside", the driver "sweep the street" mode of operation, which not only for passengers traveling with Comes to convenience, but also reduces the taxi empty rate, reducing the operating costs of the taxi, and to some extent, reduce vehicle emissions, ease the air pollution, by the general public of all ages.

Although the appearance of the call-taking software has its positive effect, it also brings the inconvenience for the elderly to use. The taxi driver violates the regulations to increase fares and bargains.

Faced with the above problems, the Ministry of Transportation believes that the establishment of a unified and open taxi service management information system should be studied and the benign operation of the market should be realized through the government's regulation and even a unified platform established by itself. But I personally think that before the government decides to get involved in the market, it needs to analyze the related issues in depth. First of all, in the face of the so-called unfairness of mobile phone service, we can sort it out for resolution. If you can popularize mobile phone software so that everyone can enjoy the benefits brought by high technology, and for the elderly, you can volunteer, corporate traffic station, love the team to provide the appropriate services. Second, taxi drivers violate the provisions of unwarranted fare increases, bargaining, pick-off behavior, you can "City Taxi Management approach" Article 31 and other relevant provisions of punishment, do not need to develop normative documents to regulate. The case of voluntary fare increase should be the result of self-regulation by the market. The government's intervention is based on the concept of market self-regulation. Thirdly, the market order caused by the use of mobile phone calling software in areas with heavy passenger traffic such as airports and railway stations Disorderly situation, you can use the taxi software Showmanship designated taxi designated area, unified scheduling, to achieve the orderly taxi market in the region; Fourth, from the current situation, the taxi driver to load the appropriate Calling software may indeed affect security, but such threats can be ruled out by technological innovations, such as loading the software on a steering wheel or auditing to take care of the customer.

As an important regulatory body of the market, the government plays a very important role in the healthy operation of the market. However, it should be made clear that government regulation has always been a "second best choice" and that market failure must not be solved in the context of the decisive role of the market When the issue of government regulation. This idea has already been reflected in the "Administrative Permission Law" and is once again emphasized by the Third Plenary Session of the 18th CPC Central Committee.

The "draft" slightly less than, for example, "draft" stipulates that "a taxi software companies to implement the market incentive plan, it should 10 days in advance to communicate with the competent authorities for transport, and 5 days in advance to the public announced the implementation of incentive plan And time limits. "Which rewards programs or marketing programs are implemented is the scope of business autonomy. The regulations of the transportation department are suspected of infringing upon the legitimate rights and interests of enterprises, over-regulating them and interfering with the market's right to operate independently. However, for the market game between the taxi companies and the platform of call-for-calls, the government should not directly intervene in the market, nor should it devote a great deal of money to developing government-led taxi software. Instead, it should play a central role in mediation and promote the establishment of Improve the market competition mechanism. At the same time, taxi software as a new thing, the market has not yet formed a complete set of regulatory system, there is a need to establish software developers, taxi software operators, experts in the field of Internet and intelligent transportation co-participation of industry self-regulatory organizations, through industry self-regulation Way to explore and improve the application and management of taxi software, so that more people enjoy the convenience brought by mobile phone software. Of course, at present, our government needs to make efforts to improve self-regulation, antitrust laws and industry self-regulation so as to realize smart regulation.

9 make the market a decisive role

Shen 岿

Peking University Law School vice president, professor, doctoral tutor

The 18th CPC Congress demanded that problems be solved by the rule of law and by the rule of law. From the perspective of administering the law according to law promulgated by the State Council in accordance with the law, the Notice of the Ministry of Communications needs to be improved.

From the point of view of legal administration, it is legal term, obligatory and obligatory for "marketing for 10 days in advance" and "ordering rectification if rectification is not accepted if it is not conducive to reunification," from the perspective of legal administration Provisions. If there is no basis for the laws, regulations and rules mentioned above and no legal source established by legislation as the basis, the new obligations as a normative document come out to meet the requirements of legal administration.

From the perspective of reasonable administration, reasonable administration requires that administrative measures should be taken to minimize the rights and interests of the parties if the administrative objectives can be achieved in various ways. "Notice" in the "unified platform" "unified vehicle terminal" "marketing activities 10 days in advance report" and other provisions should be cautious cost-benefit analysis of its law enforcement costs, social costs and the market's inhibitory effect should have A more detailed analysis. The "Notice" in the "unified platform, unified vehicle terminal marketing activities reported 10 days in advance" and other provisions related to the government, the market and the relationship between the community. The executive summary emphasizes that the ideas of economic liberalism, the legal person and other organizations that can be autonomously solved by the citizens and the mediation mechanism of the market competition can be solved by the self-discipline of trade organizations or intermediaries. Unless otherwise stipulated by law, administrative agencies should not solve the problems through administrative relations . There should be some room for the development of new things such as taxi software, which will allow the market and society to play a more decisive role.