On The Ownership Of The Shared-bike Deposit

The birth of Shared-bike makes a crucial contribution to solving“the last kiometer problem”for urban residents,but the emergence of any new thing is always contentious.Many topics caused by Shared-bike,such as the choas of capital market,the difficulties of urban management and the protection of consumers' rights and interests,have become hot topics in many fields in these years.While,the users of Shared-bike are most concerned about the issue of ownership and return of Shared-bike deposit.With the bankruptcy of some Shared-bike enterprises,many users can not get the repayment of the deposit,that leading to the fierce boycott to the Shared-bike.The guarantee forms in Law of Guarantee don't include deposit system,but the deposit as a civil custom widely exist in the market transaction from the period of the Republic of China,especially in the lease contracts.While few articles research the issues about deposit system,in the majority of the monograph only briefly mention that deposit is a kind of money guarantee,nor talking about the ownership or return of Shared-bike deposit.Therefore,whether in civil law or in reality,it is necessary to study the deposit in order to make up for the blanks of the deposit guarantee system.Most of the existing legal works and articles just refer to the nature of deposit and the supervision of deposit.There is few analyses about the ownership of deposit.The focus of this thesis is to clarify the attribution of deposit through the analysis of monetary rules.The full text is about twenty five thousand words,and includes three parts.The first part is an overview of Shared-bike deposit.The definition of deposit is:the debtor deliver to a certain amount of money to the creditor,as the guarantee for the debtor to fulfill specific obligations in the contract,when the contract has been implemented completely,the creditor return that money to the debtor,or when the debtor defaults,the creditor make that money cover the debt or regard it as compensation.The deposit and the down payment have big difference,the deposit has its particularities,and has obvious characteristic of the real rights for security.It's better to take the property right theory,but the deposit and pledge has obvious differences,so the Shared-bike deposit is an atypical real rights for security.The nature of the deposit indicates that the attribution of deposit can't fully apply other rules of real rights for security.The second part is about the consideration of the attribution of Shared-bike deposit.The deposit as an atypical real rights for security,its guaranty is currency,currency as a special property apply the rule that possession is consistent with ownership,but there are also many exceptions for the complexity of real life transactions.In the case of currency being specific,it's possession not consistent with ownership.The Shared-bike deposit is different from the traditional deposit of lease contract,it is the electronic payment of currency.But the object of property traditionally refers only to tangible property,while in view of the wide applicability and the future prospects of electronic currency,the property law should get rid of the physical standard to seek the value standard.The object of property should be defined as objective existence with economic value and under direct control of man,no matter it's tangible or intangible.Therefore the electronic currency is the object of property,it's intangible property,has the similar function of currency,the ownership rules in the general case apply the rule that possession is consistent with ownership,only in the case of currency being specific in account,it's possession not consistent with ownership.As a result,the ownership of Shared-bike deposit paid by electronic currency should apply the rule that possession is consistent with ownership.The third part is about the determination on the attribution of Shared-bike deposit.Electronic currency is specific or not determine whether the ownership being consistent with possession.Although specific standards aren't definite in law,judicial judgement in guarantee still can be used for reference.The condition electronic currency being specified include that the account is specific and currency in account is specific.Hence under the existing Shared-bike deposit management forms,there are two kinds of attribution:the specific deposit should be owned by the users of Shared-bike,the non-specific deposit should be owned by the Shared-bike enterprises.