Criminal Law Analysis Of Shared Bicycle "Deposit Pool"

Bike-sharing industry is a new industry.From its emergence in 2015 to its gradual entry into the public eye in 2016,it only took three or four years for bike-sharing industry to flourish.In the past three or four years,Shared bikes not only solved the problem of short distance travel inconvenience,greatly facilitated People's Daily life,but also brought some negative impacts to the society.Sharing bicycles randomly parked and put to the administrative work has brought great inconvenience;The destruction and theft of Shared bikes also raise deep concerns about the quality of the nation;The most worthy of our attention or bike sharing industry suspected of criminal violations.Law is a behavior rule that an industry must abide by,and the criminal law is a bottom line that cannot be touched.As long as a criminal act is carried out,it should be severely sanctioned by the criminal law.The reason why bike-sharing enterprises are suspected of criminal crimes is because of the unique deposit mechanism of bike-sharing enterprises.Compared with the deposit mode of the traditional rental industry,the Shared bike industry has created a new deposit mechanism.Up to now,under this deposit mechanism,the bicycle enterprises are not focused on the rental of bicycles to generate income,but on the deposit paid by users,or more specifically,the "deposit pool" formed by thousands of user deposits.For such purposes,can the use of a new deposit mechanism to absorb deposits be simply evaluated as a civil activity?The "deposit" shown in the mobile phone software of bicycle users is only a virtual number in their personal accounts.The major bicycle enterprises are the owners of the deposit,and they can really control the deposit.Bicycle enterprises absorb the deposit and form the "deposit pool",and the ultimate purpose is to use the capital of the"deposit pool" for other trading activities.Bicycle enterprises conduct financing in the name of "deposit",which involves whether to violate the bottom line of the criminal law.On the issue of whether the bike sharing enterprises constitute related crimes,the most discussed issue is whether the bike enterprises are guilty of illegally absorbing public deposits.There is no unified view on this issue,but it is certain that the criminal risk of bicycle enterprises is indeed a problem,which is worth our thinking and research.On this basis,the author believes that the criminal risk of bicycle enterprises is not limited to the crime of illegally absorbing public deposits.The capital in the "deposit pool" is not the property of the bicycle enterprise,but is kept by the bicycle enterprise.The bicycle enterprise has not set up a special deposit account for professional supervision of the deposit,which brings hidden dangers to the security of the deposit.Enterprises themselves in the face of "deposit pool" huge temptation,at the same time,the deposit business executives are also facing a test,what is more,to set up a bicycle company as a means,the name of the deposit to commit fraud of public property,which involves the problem of fund-raising fraud.Although bicycle enterprises have been self-restructuring in the fierce market competition,nearly half of the bicycle enterprises have been eliminated by the society,but as long as the bicycle industry still exists,these are the problems that bicycle enterprises have to face,and also the problems that the criminal law has to solve.