论文部分内容阅读
近年来,为了缓解交通拥堵状况,行政法规中明确限制的私家车载客收费行为却渐渐被大众接受。在此基础上,行政法规是否可以限制物权中的所有权的行使成为了人们讨论的热点。本文以“黑车”与优步两种截然不同的私家车载客收费行为为切入点,分析私家车载客收费行为的现状,提出行政法规对物权所有权行使的限制的依据,最后提出了合理限制的构想,即符合适当性原则、必要性原则及比例原则,并论证了其价值。
In recent years, in order to alleviate the traffic congestion situation, the administrative regulations explicitly limit the private car passenger charges are gradually accepted by the public. On this basis, whether the administrative laws and regulations can limit the exercise of the ownership of real rights has become a hot topic for discussion. This paper takes “Black Car” and “Uber” as the starting points for two distinct passenger car fares, analyzes the status quo of car fare charging in private cars, and puts forward the basis of the restriction of administrative regulations on the exercise of ownership of ownership. Finally, The conception of limitation, that is, the principle of appropriateness, necessity and proportionality, and its value are demonstrated.