市场准入歧视已经成为出租车市场畸形发展、纠纷频发的主要诱因。比例原则作为行政法上的皇冠原则,借以考察政府在出租车市场领域的管制措施是否具有正当性极为便捷有效。法释义学上的比例原则分为三个子原则:适当性原则、必要性原则和均衡性原则。三个子原则之间表现为阶层式的逻辑结构,通过层层推导和过滤,可以满足对行政规范进行实体审查的要求。出租车准入歧视政策对出租车行政管制目标之实现有一定的正面推进作用,能够通过适当性原则审查;但是,由于存在相对于出租车准入歧视政策而言对公民权利限制更小的行政管制措施,准入歧视政策无法通过必要性原则审查;而且,该政策对公民权利的限制超出了所欲保护之公共利益的迫切程度而无法通过均衡性原则审查。 Market access discrimination has become the main reason for the abnormal development of taxi market and frequent disputes. The principle of proportionality is regarded as the crown principle in the administrative law so as to examine whether the government control measures in the taxi market are justified and extremely convenient and effective. The principle of proportion of jurisprudence is divided into three sub-principles: the principle of appropriateness, the principle of necessity and the principle of balance. The three sub-principles appear as a hierarchical logical structure, through the layers of derivation and filtering, to meet the administrative review of the substantive requirements. Taxi entry discrimination policies have a positive effect on the realization of the objectives of taxis administration and can be reviewed through the principle of due diligence. However, due to the existence of administrative restrictions on citizens’ rights relative to taxi entry discrimination policies Control measures and entry discrimination policies can not be examined through the principle of necessity; moreover, the policy limits citizens’ rights beyond the urgency of the public interest to be protected and can not be examined through the principle of equilibrium.