Study On The Legal Issues Of Sharing Bicycle Deposit Supervision

Sharing bicycle is a new rental service mode which integrates bicycle rental and Internet technology.The low-carbon travel mode caters to China’s green development concept and has a promising future.The large scale of the market brings huge economic benefits to the society,but it also has considerable negative externalities.Although there is no explicit stipulation on deposit in the existing legal system in China,in the practice of traditional leasing industry in China,the operating mode of collecting deposit has already been widely existed.The lack of legislation on deposit supervision makes it possible for the government to deal with the legal issues in the process of managing the sharing of bicycle deposits.This article is divided into three parts,the first part from the produce of Shared cycling deposit,through the introduction of the origin and the present situation of the deposit pool,necessity and regulatory issues,the nature of the deposit to Shared cycling several major problems in a comprehensive overview of the deposit.Shared cycling in essence belongs to rent the bicycle,its charge a deposit as rent security and lease contract children perform way of guarantee is the result of market selection,single enterprise but the "more than a car and" deposit charge way different from traditional lease "mode and" thing,already broke through the traditional rental deposit pledged collateral properties and outstanding performance for financing properties,coupled with large users to bring the huge inflows of precipitation for deposit pool,peremptory deposit safety problem has become a financial problem that nots allow to ignore.In addition,the Shared cycling industry itself has the public instead of negative externalities,Shared bike deposit exists the risk of corporate arbitrarily use even be Shared cycling,as a result,the Shared bike deposit,the necessity of regulation is quite.The second part focuses on the analysis of the main normative legal documents that constitute the basic framework of the supervision system for the sharing of bicycles in China,and points out the problems in the deposit supervision system.10 ministries in 2017 published "about encourage and regulate the development of the Internet lease bicycle guidance",Shanghai,Beijing,wuhan,shenzhen and the local traffic department also issued relevant documents,the regulatory documents jointly constitute the main content of current deposit regulation system in China.Through the analysis of relevant normative documents,we find that there are some legal issues such as too crude regulatory legislation,unclear subject of supervision and imperfect supervision measures.In the third part,the author puts forward some Suggestions on the problems in the supervision of the sharing of bicycle in the second part.Shared cycling differs from existing public bicycle at home and abroad,and is a member of China economic development model,therefore,in the process of building a Shared cycling deposit regulation system,and no foreign experience for reference,and by the regulation of the domestic financial supervision system in our country,put forward the perfect our country deposit regulation measures of concrete system design,including the process of refining Shared cycling deposit regulatory legislation,clear Shared bike deposit regulatory body,the implementation of the Shared cycling special deposit accounts,special fund is special measures,the establishment of a deposit refund plan system for enterprises to exit regulation.Shared bike deposit regulation is related to the survival and development of the industry as a whole share bikes,how to balance economic development and financial market stability and sharing bicycle users deposit security is the ultimate goal of sharing bike deposit regulation system,also is the purpose of this article writing and expectations.