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公共运输部门,存在着我们所熟知的强制缔约义务,然而“拒载”一直是出租业的顽疾,尽管各地相继出台规定打击拒载,但成效甚微,这一现象屡禁不止已表明单纯从典型法律思维的角度分析进路的不足,笔者试图从法社会学角度分析结构性原因,并略论两种思维方式的差异。
The public transport sector has the obligation of compulsory contracting as we know it. However, “refusing to load” has long been a chronic problem in the rental industry. Although successive crackdowns and refusals have been promulgated in various places, the success has been neglected. From the perspective of thinking, this paper analyzes the shortcomings of the approach. The author attempts to analyze the structural causes from the perspective of sociology of law and briefly discusses the differences between the two modes of thinking.