The Legal Nature And Force Of Shared Bike Deposits

Based on the analysis of eleven shared bike deposit terms which are still operating and have high market share,the thesis discovers that these bike platforms do not have a clear definition and explanation for their deposit terms.One of the important reason is that so many bike users' services agreements are only for formalization,and consumers rarely note the specific contents of the deposit terms.Therefore,the thesis tries to do a comprehensive and systematic analysis of the legal issues involved in sharedbike deposits from the design of the deposit terms of the sharedbike platforms,combinedwith the current laws and regulations in China.This thesis focuses on analyzing the legal attributes of the shared bicycledeposits and its characteristics,the attribution and utilization of the deposits,the relationships between the deposit and the bicycle usage fee and penaltyfor damages,etc.At the same time,based on the order of attribution and utilization of the deposits,we put forward the necessary deposits supervision tips.First of all,the origin and significance of of the topic as introduction,this part sorts out the related researches,anlyzes research points and research methods simply,to present the logical structure of the text.In the first part,the thesis list the deposit policy formulated byshared bicycle platforms systematically.Through text analysis of eleven shared bike deposit terms which are still operating and have high market share,the thesis tries to comparethe similarities and differences between these platforms,then point out that the platform's relevant deposit regulations arevague and insufficient.In the second part,this thesis focuses on analyzing the legal attributes of shared bicycledeposit.Firstly,from the basic legal relationship on which the shared bicycle deposits depends,the thesis tries to find the the similar legal structure rules in the legal framework by analogy with typical guarantees.As a result,proofing the reasonableness and legitimacy of the deposit on the shared bicycle platforms.It also demonstrated the breakthrough of the traditional deposit in terms of the nature of the occupancy of thedeposit,the occupancy time,and the occupation of the deposit fruits.In the third part,this thesis discusses the attribution and utilization of the the shared bicycle deposits.As for the attribution of deposits,due to the conflicts between the principle that possessor of money is owner of money,and the environment of paying online,as well as actual operation of shard bicycle deposits,this thesis summarizes the attribution of money currency.The value of property rights system is to duplicate dispute.As for the utilization of deposit,combined with the phenomenon that the deposit is difficult even cannot to retreat,this thesis focus on discussing whether or not the bicycle platforms have the right to use the deposits.The attribution of deposit fructus isthe extension of the deposit utilization issue,then this thesis do the analysis and summary of shared bicycle deposit fructus.Firstly,the thesis talks over the attribution of deposit fruits,and focuses on the attribution of deposits interests according to our law,combined with our current legal system.Secondly,by using the theory of standard clause and electronic contract format clause,this thesis analyze the legal nature of ofo deposit interests clause.By examining the different features of the contractual clauses and the content control of standard clauses acting on the core terms of the contract and the effectiveness of the accompanying clauses,the thesis finds the legal effects of the ofo deposit interest clauses are analyzed.First of all,this section discusses whether the ofo deposit interests clause constitutes a format clause,by analyzing whether it is prepared in advance and not negotiable.Then,based on the inspection of Contract Law of the People's Republic of China and the PRC on the Protection of the Rights and Interests of Consumers,this thesis analyzes how the format clause subscribe into contract,as well as its content control,etc,to discuss the legal effect of ofo deposit interests clause.The fourth part mainly comments on the legal validity of shared bicycle deposit.This part summarizes the legal characteristics of shared bicycle deposit combined with its legal nature,and points out its characteristic to sum up its range of effectiveness in law.secondly,this thesis discusses the relationship between the deposit and the bicycle usage fee and penalty for damages,etc.finally,In the final part,this thesis conclude the systematic research results of shared bicycle deposit.Above all,this part summarizes the legal nature and range of effectiveness of shared bicycle deposit,conclude the attribution and utilization of the shared bicycle deposit and its fruits,etc.Then,taking civil law theory as support,the thesis points out the tips for necessity deposit supervision.Finally,the United States law is used to refer to the deposit refund system and analyze the return rules for shared bicycle deposits.