Research On The Legal Issues Of Government Supervision Of Shared Bicycles

As a new type of business under the sharing economy model,sharing bicycle effectively solves the problem of "the last kilometer" of urban transportation.With its advantages of flexibility,convenience and green environment protection,sharing bicycle has been widely recognized by the state and the public.However,the development of new things is often accompanied by certain negative externalities,and the traditional way of the new form of bike sharing lacks effective supervision,resulting in a lot of problems in bike sharing.Since2017,the central and local government supervision department has issued a guidance document,the Shared bicycle production,operations,profitability,and exit the market "from the beginning to the end" of the four link to the regulation,but no matter from the hierarchical content to see there are still some legal issues,lead to long-term Shared bicycle industry in a mess,is unfavorable to protect the legitimate rights and interests of users.This paper analyzes the problems existing in the government's legal supervision of bike-sharing from three aspects: supervision mode,legislation and law enforcement.First of all,there are no procedural rules for the supervision of government-enterprise cooperation in the mode of government supervision,and it is too old-fashioned to cope with the new mode of bicycle sharing.Secondly,in the government regulation legislation of bike-sharing,the level of legislation is too low,which leads to the dilemma of law enforcement agencies.The supervision content is not perfect,and there are no strict market access and exit conditions for Shared bikes in all kinds of normative documents.So far,the phenomenon of "come in a hurry,go in a hurry" has emerged in the development of Shared bikes,resulting in infringement of users' rights and interests.Finally,there is a lack of legal basis for administrative punishment in the law enforcement of bike-sharing government.The behavior of randomly parking and randomly putting bike-sharing is caused by users,but in reality,there are a large number of cases where law enforcement agencies seize bike-sharing,which damages the property rights and interests of bike-sharing enterprises and violates the principle of administration according to law.The legality of the government's legal supervision to restrict or prohibit the use of bicycles is questioned.The regulatory authority informed the bicycle enterprises of the practice of "no use of Shared bicycles" in the form of a bulletin board and notice,which is an illegal act if there is no superior law to be based on.In view of the above problems,we can learn from foreign experience in supervision of Shared bicycles and further improve government supervision of Shared bicycles in combination with China's actual situation.At the level of supervision mode,the procedural rules of government-enterprise cooperation supervision should be clarified,and the principle of legal procedure and the principle of democratic participation should be followed.At the legislative level,it is suggested to formulate government regulations,improve the level of legislation on Shared bicycles,provide legal basis for law enforcement,and improve the content of supervision on Shared bicycles.At the level of law enforcement,innovative law enforcement tools and the use of "electronic fence" technology are used to improve the efficiency of law enforcement and protect the right of way of bicycle sharing,including theright of way of bicycle sharing,the right of way of priority and the right of road occupation.A multi-party cooperative supervision mechanism should be established to clarify the responsibilities of the government,enterprises and industry organizations.