Research On The Essentials Of Tort Liability For Damage Caused By Shared Bicycle

With the rise of shared bicycle,it is not uncommon that tort accidents occur during the operation of shared bicycle.How to determine the subject of tort liability is particularly critical.In the process of sharing bicycle operation,there are many subjects involved,including the producer of sharing bicycle,the owner of sharing bicycle,the user of sharing bicycle and the third person who uses sharing bicycle when sharing bicycle is used for lending and theft.When the above-mentioned subjects take on tort liability,they need to satisfy different constitutive requirements,which brings some difficulties to the accurate identification of tort liability subjects in practice,and the theory and practice exist in the process of tort constitutive elements,such as the determination of the liability subjects and the application of the imputation principle for minors to use shared bicycle to cause damage;the work of shared bicycle sellers;At present,there is no consensus on which principle of liability should be applied to the main body of product liability and the category of bicycle producers should be shared.Under the different circumstances of sharing bicycles causing damage to people,the constituent elements of tort liability of each liability subject are different.The full text is divided into four parts:The first part is the definition of shared bicycle and the subject of tort liability involved.This paper mainly discusses the concept of shared bicycle from the current theory and practice,the difference between private-owned bicycle,private bicycle lease and public bicycle lease provided by the government,and the connotation of each subject of tort liability and the situation of tort liability.The second part is about the elements of sharing bicycle users'tort liability.Based on the theory of fault liability,that is to say,the subjective element is the existence of fault by the user or the third party,and the duality theory is used to solve the qualification problem of the third party who uses the shared bicycle as the subject of tort liability.In addition,this paper explores the liability of underage cyclists under the age of twelve when they use shared bicycles to cause damage and the applicable principles of liability.The third part is the elements of sharing bicycle owner's tort liability.Firstly,from the perspective of product liability,the principle of no-fault liability should be applied to the owners of shared bicycles,and the bicycle producers should bear unlimited joint and several liability.Secondly,from the perspective of the operator's safety assurance of service,the owner of shared bicycle is liable for tort because of his subjective fault in breach of this obligation.The fourth part is about the constituent elements of sharing bicycle producers'tort liability.Firstly,it is determined that the producers of parts and raw materials belong to the scope of producers.Secondly,the subjective element is not the existence of errors by bicycle producers,and there is objective damage caused by product defects.