Shared Bicycle Infringement Liability

As a new and emerging way of green travel,shared bicycles are rapidly emerging through the development of the Internet.They are distributed in public areas such as schools,bus stops,stadiums,etc.Compared to traditional bicycle rental,it does not require users and enterprises.In the face to face contract,the user only needs to scan the code to register and pay the rent to ride the bicycle.This convenience makes it popular with citizens.As a new thing,it brings convenience to your life,and it also produces Some problems,traffic accidents caused by shared bicycles are constantly reported by the news media.There are multiple legal relationships between shared bicycles and users,which are both contractual relationships and the relationship between operators and consumers.They are regulated by multi-sectoral laws,including the Contract Law,the Consumer Rights Protection Act,and Product Quality.Law,etc.,many shared bicycle companies in shared bicycle infringement liability have bought accident insurance for users,which in turn will involve the Insurance Law.Therefore,it is necessary to clarify the legal relationship between them and choose to apply different legal norms.Compared with ordinary non-motor vehicle infringement,shared bicycle infringement involves the leasing platform to complicate the responsibility of sharing bicycles,including cyclists,shared bicycle companies,bicycle producers,and third parties.Includes minors under the age of 12.It is precisely because the subject of responsibility becomes more and more complicated that the infringer who shares the responsibility for bicycle infringement is separated from the infringer.Then,in the case of such majority infringement,who is the responsible subject?Whether they need to take responsibility and what kind of legal responsibility between them requires a clear answer and a unified standard from the theoretical community.In order to solve the above problems and clearly share the subject of bicycle tort liability,it is necessary to combine the tort liability law with the principle of attribution of tort liability law to determine the final liability attribution.At present,there is no systematic regulation on the identification and division of the form of tort liability,which makes the division of tort liability form a great controversy in judicial practice.From the perspective of theory and judicial practice,systematic analysis of the infringement incidents caused by shared bicycle riding,and thus determining the form of tort liability has become an urgent problem to be solved.When the responsibility for sharing bicycle infringement involves multiple parties,it leads to the complex identification of causality.and the large differences in legal application.Sharing bicycles as non-motor vehicles,the subject of infringement can be specifically identified by reference to the "two-way theory of operational dominance and operational interests"and"the theory of dangerous cybernetics".In addition,it should also comprehensively analyze the types of infringements in combination with the situation of minors riding and free riding in the current society,and summarize the reasons for the sharing of bicycle companies in this case.The guardian shall assume the substitute liability for the tort liability of the minor' s riding in the case of sharing bicycle infringement.After determining the subject and method of liability,the responsibility shall be divided,combined with the“infringement liability form theory”proposed by Professor Yang Lixin,alone.The behavior is for the sole responsibility,the common behavior for the joint responsibility,the tort behavior and the tort liability form,and finally the purpose of protecting the legitimate rights and interests of the infringed person.