Study On Several Legal Issues Of Shared Bicycle Deposit

Shared bikes is the business philosophy that China pioneered.Its source of creativity comes from sharing economy,which requires users to detain to pay a certain amount of money and the right of bike using is temporarily transferred to the users for the purpose of obtaining a certain reward.With the collapse of many bicycle companies,the legal risk of deposit is gradually exposed.After the collapse of the bicycle company,the deposit was delayed,and the rights of many users who shared bikes were damaged.Due to the law of property law and the judicial interpretation,the deposit is not listed as the legal guarantee mode so that the legal nature of the deposit is not clear,and the user cannot protect the rights through litigation.Shared bicycle company collection deposit,on the other hand,can produce a huge "capital pool",and because of the lack of effective administrative regulation,company's illegal embezzlement consequences extremely easily.Besides,there are some shared bicycle companies reported by the consumers' association of being suspected criminal crime of illegal absorb public deposits,etc.Finally,if the shared bicycle company declares bankrupt,then the shared bicycle users will become creditors top anticipate in the bankruptcy liquidation,but the bankruptcy law has not made clear to the customers'participation in bankruptcy liquidation yet.This paper reviews the phenomenon of sharing bicycle deposit in three parts.The first part:from the angle of asking questions,individual y makes phenomenal descriptions of the problems of not being clear to the legal nature of the deposit and belonging,bicycle company collecting deposit behavior easy to cause illegal financial risk,the deposit account and use in the regulatory gaps and the bankruptcy of the creditors' meeting system in our country that cannot effectively solve the problem of number of creditors of millions of phenomenon description,and points out that every question that exists in the key contradictions.The second part:from the angle of analyzing problems,gives legal analysisofthefourproblemsabove,combiningwiththeoutsideexperience and the existing legal system to come to the following conclusions:First,shared bike deposit pledge should be regarded as money pledge,which is a kind of atypical rights for security;the ownership of the deposit belongs to the user,and the fruits belongs to the company.Second,the current deposit collection behavior will not constitute an illegal absorption of public deposits from its objective behavioral elements.Third,the root cause for causing the civil dispute sand criminal disputes is the lack of effective supervision of the deposit;in our country,the relatively mature securities and futures in the capital mark e tat present has already been strongly supervised,but no regulation to the deposits.Forth,once the shared bicycle company goes bankruptcy,as a result of the appropriation of the deposit or the capital chain rupture risk deposit payment,it will produce up to tens of millions of unsecured creditors,under the condition that the existing bankruptcy law system cannot solve the problem,they should draw lessons from the French bankruptcy of the creditors' meeting system and the public welfare lawsuit system in our country,giving the court the rights to directly decide the rights of creditors to achieve' resolution possibility and high efficiency resolution.The third part:from the angle of giving the reasonable advices,according to the four analysis,suggests the real right in civil law,financial supervision law and bankruptcy laws to make effective adjustment as soon as possible,lessens disputes and promotes the smooth development of the socialist market economy and the sustainable development of shared bicycle industry.