Discussing The Distribution Of The Damage Liability In Sharing Bicycle

According to the Sharing Bicycle Market Analysis Report issued by Iimedia Consulting Firm,by 2016,the market scale of Chinese sharing bicycle had reached to nearly 1.2 billion,customer scale were made to 30 million.By the first quarter of 2017,the market scale of Chinese sharing bicycle had reached to 10.3 billion that is 7 times added,customer scale were made to210 million,and is estimated to keep rocketing.However,the problems that ill-management,competing in chaos and the obscurity of rights and liability has emerged as others new.In the development of sharing bicycle,unavoidably damage comes up.This articles is about to discuss the damage issues in sharing bicycle from the following aspects combining different theories and cases.In the first chapter,the author firstly describe the current status of the damage for sharing bicycle,and then briefly introduced the different types of liability for damage.This article mainly focuses on the "original right",discussing different damages caused by the different "reason" under this standard,and makes corresponding explanations for the advantages of this method.In the second chapter,the author makes a systematic analysis of the nature of the legal relationship of the sharing bicycle.The author starts with different theories,defines the legal status of sharing bicycle in conjunction with the relevant laws and regulations that have been introduced,and studies the characteristics of the legal relationship of sharing bicycle through comparative analysis with traditional leases.On the basis of the first and second chapter,the author discusses the distribution of damage liability in sharing bicycle of different types.In the two cases of possession and unauthorized possession,it is divided into three parts: the damage caused by cyclist for the disqualification,lack of skill or illegal riding;the damage caused by the intrinsic defects or paralysis of the sharing bicycle;and the damage caused by improper use and the related maintenance obligations.Through these cases and the comparative analysis,the author discusses the damage caused by two kinds of possession facts.Moreover,considering the fact that there are many free rides in the current society,the author briefly analyzes this phenomenon in light of the cases and basictheories.The overall legislative process of China started relatively late,and many basic systems were kind of deficient,such as the possession system.As a new thing,the sharing bicycle has no relevant regulations in many aspects.From the point of view of daily life,combining the viewpoints of previous scholars,the author puts forward relevant suggestions for the subject of the sharing bicycle,the burden of proof after the occurrence of the damage,the insurance system and the coordination agency.