· "The first case of the car" will be held tomorrow

The reporter learned that the case of Jinan Yidrip car driver suing Jinan Passenger Transport Management Center will be heard in tomorrow. Because it was the first case in the country that was subject to administrative punishment for providing special bus services, it was also called the “first case of special car”.
"Qilu Evening News" previously reported that on March 18, the Jinan City Central District Court filed the case for the first case in the country that was subject to administrative punishment for providing special bus services. The court session is scheduled for 9:00 am on April 15, 2015.
The plaintiff Chen Chao claimed that he was given a special car service by using the special car software, and was accused by the Jinan City Public Passenger Transport Management Service Center of “administrative punishment for ordering to stop the illegal act and impose a fine of 20,000 yuan; confiscation of illegal income”.
The plaintiff refused to accept the act, and believed that the defendant’s decision on administrative punishment had the wrong subject of punishment, the factual error, the law enforcement procedure and the applicable law error. He filed an administrative lawsuit with the court and demanded that the defendant Jinan City Public Passenger Transport Management Service Center be revoked. Administrative penalty decision.

On April 12, at the academic seminar hosted by the Research Center for Constitutional and Administrative Law of Peking University and co-organized by Junmao Law Firm, Li Wenqian, an attorney for the above case, said that on the way of Chen Chao’s driving, he encountered management personnel. All the drivers who stopped at Jinan West Station sent questions. And the management directly asked "Is it using a taxi software, is it a special car?" He believes that this law enforcement is very targeted and is a violent law enforcement. Li Wenqian said that the punishment clearly has a series of problems such as insufficient factual evidence and incorrect application of the law.
Legal experts said that the case was in the border zone: Chen Chao’s car was a private car, but he was attached to a rental car company and had a four-party contract, which was engaged in the act of renting a car. Is he in violation of the taxi management regulations or the management regulations for rental cars?
On January 6th, the Jinan City Passenger Management Center convened the city's taxi industry to crack down on illegal athletes' clubs. It said that the special vehicles, including Didi, and the fast-moving vehicles, will be investigated by black vehicles and will be fined 5,000 to 30,000. On January 7, Jinan seized four special cars. Subsequently, the Jinan Municipal Transportation Bureau made a decision to impose a fine of 20,000 yuan on four special vehicles. The basis for investigating and handling special vehicles was the “Regulations on the Administration of Urban Passenger Transport Taxi in Jinan City”.
â–  Expert opinion The results may affect the legal definition of the car. During the two sessions this year, Minister of Transportation Yang Chuantang emphasized that private cars will never be allowed to operate as private cars. Some people believe that the judgment result of the "first case of the special car" will further affect the legal definition of the future of the Internet car.
At the above-mentioned academic seminar, Zhang Mingjun, a partner of Junmao Law Firm, said that in fact, it is not necessary to be too entangled in the judgment of the "first case of the special car." Because the first case does not represent the entire mode of the car operation, it is just a type.
Zhou Hanhua, a researcher at the Institute of Law of the Chinese Academy of Social Sciences, said that the improvement of the special car system can draw on some international experience. “The geographical boundaries of the special vehicles are all cities. My suggestion is to encourage different places to carry out pilot and innovation. Look through the pilots in different places, who is better or worse.”

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