译语翻译分享-网约车抽成比例居高不下，拒绝派单权利实质被架空

网约车抽成比例居高不下，拒绝派单权利实质被架空

The proportion of online car-hailing is still high, and the right to refuse to send orders is essentially emptied

近日，交通运输部等五部门对11家网约车平台公司进行联合约谈。要求各平台公司要检视自身存在的问题，立即整改不合规行为。值得注意的是，针对近期网约车用户和司机关注度较高的问题，此次约谈均有回应，如“不得利用资本恶性竞争、无序扩张”“要规范定价行为，降低抽成比例”等。

Recently, five departments including the Ministry of Transport conducted joint talks with 11 online car-hailing platform companies. All platform companies are required to review their own problems and immediately rectify non-compliance behaviors. It is worth noting that, in response to the recent high concern of online car-hailing users and drivers, this interview has responded, such as "no use of vicious capital competition, disorderly expansion", and "standardize pricing behavior and reduce the percentage of commissions." "Wait.

多位专家在接受《法治日报》记者采访时说，网约车平台公司利用资本恶性竞争、无序扩张以及平台抽成高、随意调价等行为，会损害消费者和司机的合法权益，需要有效规制，可通过多方努力多措并举，促进网约车良性发展。

A number of experts said in an interview with a reporter from the Rule of Law Daily that online car-hailing platform companies use vicious capital competition, disorderly expansion, high platform commissions, and arbitrary price adjustments, which will harm the legitimate rights and interests of consumers and drivers, and they need to be effective. Regulations can promote the sound development of online car-hailing through multiple efforts and measures.

利用资本恶性竞争或须担责

Vicious competition with capital may be held accountable

据全国网约车监管信息交互平台统计，2021年7月国内订单量超过30万单的网约车平台共有17家，14家平台7月的订单量环比有所增加，其中，及时用车与阳光出行等4家平台月订单量增幅超过100%。

According to the statistics of the national online car-hailing supervision information exchange platform, there were 17 online car-hailing platforms with more than 300,000 domestic orders in July 2021, and the order volume of 14 platforms increased month-on-month in July. Among them, timely car use and The monthly order volume of four platforms including Sunshine Travel increased by more than 100%.

网约车平台快速扩张的同时，问题与不足也开始暴露出来。部分平台为迅速抢占市场，在资本的裹挟下，通过多种营销手段，恶性竞争，甚至招募或诱导未取得许可的驾驶员和车辆“带车加盟”。

With the rapid expansion of online car-hailing platforms, problems and deficiencies have begun to be exposed. In order to quickly seize the market, some platforms are under the influence of capital, through a variety of marketing methods, vicious competition, and even recruiting or inducing unlicensed drivers and vehicles to "bring cars to join".

交通运输部法律顾问、中国交通运输协会法律工作委员会专家组成员刘汝忠担忧地说，利用资本恶性竞争、无序扩张会有许多危害。恶性的低价竞争导致企业无法健康发展，同时，行业内出现垄断效应，丧失有效竞争。而当平台利用资本在市场独大后，消费者以及司机不得不接受平台的霸王条款，消费者可能遇到大幅涨价、高峰出行打不到车以及近期曝光的利用大数据杀熟等问题，司机可能遇到平台不合理派单、过高的比例抽成等问题。

Liu Ruzhong, a legal adviser to the Ministry of Transport and a member of the Expert Group of the Legal Work Committee of the China Communications and Transportation Association, said with concern that the use of capital for vicious competition and disorderly expansion will have many harms. Vicious low-price competition has caused enterprises to fail to develop healthily. At the same time, a monopoly effect appears in the industry and effective competition is lost. When the platform uses capital to dominate the market, consumers and drivers have to accept the platform’s overlord terms. Consumers may encounter problems such as sharp price increases, failure to call cars on peak trips, and the recently exposed use of big data. Drivers may encounter problems such as unreasonable dispatch of orders on the platform and excessively high percentage of commissions.

中国消费者权益保护法学研究会副秘书长陈音江认为，部分平台为抢占市场，为不合规车辆和司机提供入网运营服务，严重危害消费者人身和财产安全。

Chen Yinjiang, deputy secretary-general of the China Consumer Rights Protection Law Research Association, believes that some platforms are designed to seize the market and provide network operation services for non-compliant vehicles and drivers, which seriously endanger the personal and property safety of consumers.

那么针对这些行为，法律上有哪些规制呢？华东政法大学教授任超说，面对这种局面，反不正当竞争法、反垄断法、个人信息保护法等法律都可成为监管部门进行规制的有力工具。“如果平台滥用市场支配地位、排除和限制竞争，则可能承担因违反反垄断法的行政责任；如果平台提供服务的车辆未取得网络预约出租汽车运营证，可能承担违反《网络预约出租汽车经营服务管理暂行办法》的行政责任。”刘汝忠说。

So what are the legal regulations for these behaviors? Professor Ren Chao of East China University of Political Science and Law said that in the face of this situation, laws such as the Anti-Unfair Competition Law, Anti-Monopoly Law, and Personal Information Protection Law can all become powerful tools for regulatory authorities to regulate. "If the platform abuses its dominant market position, eliminates and restricts competition, it may assume administrative responsibility for violating the anti-monopoly law; if the vehicle provided by the platform does not obtain an online rental car operation certificate, it may be liable for violation of the "Internet rental car operation service" "Administrative Responsibilities of the Interim Measures." Liu Ruzhong said.

拒绝派单权利实质被架空

The right to refuse to send orders is essentially emptied

除抽成比例过高外，司机还经常抱怨派单问题。任超感慨，“在派单问题上，从上述判决书中同样可窥见一些事实。该案中滴滴司机称，接单是没有选择的，如果连续取消两单就不能继续接单了。因此，尽管在形式上司机有拒绝派单的权利，但从实质上看，这样的规定使司机拒绝派单的权利被架空。”

In addition to the excessively high percentage, drivers often complain about the issue of order dispatch. Ren Chao said with emotion, “On the issue of order dispatch, some facts can also be glimpsed from the above judgment. In this case, the driver of Didi said that there is no choice in taking orders. If two orders are cancelled in a row, they cannot continue to take orders. Therefore, Although the driver has the right to refuse to dispatch orders in form, in essence, such a provision empties the driver's right to refuse to dispatch orders."

陈音江支招说，如果司机认为抽成比例过高，或者认为派单规则不够公平，可以向平台提出合理诉求，也可以向交通运输部门反映情况，请求主管部门对平台行为进行调查处理。如有充分证据证明平台侵犯自身权益的，还可以通过到法院诉讼的方式维护自己的合法权益。

Chen Yinjiang said that if the driver thinks that the percentage is too high, or that the rules for dispatching orders are not fair enough, they can make a reasonable request to the platform, or report the situation to the transportation department and request the competent department to investigate and deal with the behavior of the platform. If there is sufficient evidence to prove that the platform infringes on its own rights and interests, it can also protect its legitimate rights and interests through litigation in court.

From website: https://baijiahao.baidu.com/