共享经济背景下网约顺风车的行政监管研究

作为共享经济的典型代表，近年来，网约车蓬勃发展，为公众带来出行便利，其中，兼顾各方利益的顺风车是最典型的共享出行网约车业务类型。粗放式的发展和盲目扩张，给网约车埋下了种种安全隐患，尤其是顺风车，存在严重的监管漏洞。根据现行法律法规，顺风车尚未被纳入网约车监管范畴，对车辆、司机没有具体的准入门槛，平台需承担的责任亦不明确。为此，政府应当加强对网约顺风车的监管，改变监管模式，从经济行政法的角度平衡各方利益，建立更科学完备的合力监管体系，从而更好地保障公众的安全和促进网约顺风车的长效发展。

On the administrative supervision of online car hailingunder the background of sharing economy

As a typical form of sharing economy, online car hailing has been booming in recent years and brought travelling convenience to the public, and car sharing, which gives consideration to the interests of all relevant parties, is the most representative business type of shared travel. However, the extensive development and blind expansion of car sharing have brought various potential safety hazards to online car hailing. Especially, serious regulatory loopholes exist in the management of car sharing. According to the existing laws and regulations, car sharing has not yet been included in the regulation scope of online car hailing, no specific requirements have been raised for the access threshold of vehicles and drivers, and the carrier liabilities that should be undertaken by the platforms are unclear. So, the government should strengthen its supervision on online car hailing, change its supervision mode, balance the interests of relevant parties from the angle of economic administrative law, and establish a more scientific and perfect joint supervision system, so as to better protect the safety of the public as well as the long term development of online car hailing.