| Rental deposit are from the common law,which has always existed in a large number of people.Through ups and downs,it was not until 2011 that the deposit collection of commodity house leasing management measures was first recognized by law.However,the legal attribute of it is still not stipulated.In the academic circle,whether the lease deposit is the creditor’s right or the property right relationship.The user pays the security of the Shared object rental service for the sharing of the lease contract.The deposit is made at the end of 2015.All the way to the top in 2017.Analysis of the reasons for the popularity of the share rental deposit:Firstly,it inherits the habit of the lessor to charge the tenant’s deposit in the traditional leasing market.Secondly,the guarantee function of the deposit plays a role so that the enterprise can effectively reduce the enterprise cost.Finally,the huge deposit pool is a considerable use of capital for the enterprise under the premise that the deposit is not well regulated.In addition,the features of the share rental deposit are impressive:First,different from traditional lease deposit "one thing and one bet",There can be multiple deposits on the Shared lease.Second,the share leasing deposit becomes the enterprise’s profit means and has the nature of financing.Thirdly,enterprises occupy an absolute dominant position in the whole process of deposit design,payment,management and return.Fourthly,the security of the share deposit guarantees the performance of the user’s non-specific debts.The warranty scope is not specific.We will analyze the deposit system of Shared property start with the deposit payment.Deposits are paid in a variety of ways,but are generally delivered online.Through registration,real-name certification and delivery of three steps,the deposit can be completed.Secondly,in the management of the deposit,It is very rare for the government to manage the deposit.Although some companies claim that the user deposit has been entrusted to a third party(bank)management.But the reality is not to confirm.Therefore,the current deposit is the most important mode for enterprises to manage themselves.Finally,the analysis of the return of the deposit can be seen,The deposit is returned online or returned to the user.However,users are required to submit the deposit refund application.Some enterprises may require users to pay the service fee or increase the difficulty of application operation or increase certain examination procedures to make the deposit return trouble.At the moment,there are very few companies that can make a deposit or return.Some enterprises have the phenomenon of deposit return delay_At the same time,a number of enterprises have failed,resulting in user deposit cannot be returned.With the development of the share rental deposit system,The call for a deposit is getting higher and higher,And there are some means of deposit avoidance.Among them,using sesame credit free deposit is the most tried practice at present.There is also an attempt to avoid a deposit for a specific group of students,such as students and teachers.With the implementation of the deposit system,the problem is gradually revealed.Such as the same business deposit before and after the change,different deposits are charged for the same lease,the same industry deposit gap is obvious,the deposit amount is even higher than the price of the lease item.All reflect the confusion of the deposit payment standard.The company conceals the deposit policy is the more common chaos at present.The time limit for the deposit return is clearly unreasonable.Neither the law nor the contract stipulates that the company shall delay the return of the deposit or refund of the deposit liability.The deposit interest is disputed and belongs to unknown;In the case of user rights protection,the effect of complaint is limited,the cost of prosecution is high,the claim of creditor’s rights is useless,and the user’s rights and interests are difficult to maintain.In the supervision of the deposit,there is a lack of mandatory measures for the depository.The third party depository is dead.There is no limit to the amount of deposit that can be tried.In order to solve the above problems,the author thinks that firstly,a reasonable deposit payment standard should be set up according to the principle of fairness and the principle of filling the damage.In the second place,from standard terms,the deposit need companies make up the deposit terms and prompt duty,also can make the deposit return period cannot exceed the provisions of the bank transfer over the same period;Third,in order to settle the interest dispute,the interest on the deposit should be clearly defined;Fourth,through the promotion of consumer civil public interest litigation and the provision of deposit is not a bankruptcy to solve the problem of users’ security rights protection;Fifth,improve the regulatory system,the deposit can be a formal provision in the act of e-commerce to third-party depository of the deposit,and further perfect the regulatory system,the deposit to the regulatory body,the depository bank and the enterprise three obligations and legal responsibility are made clear.In the end,the deposit is carried out to eliminate the hidden trouble. |
