Research On Legal Regulation Of Shared Bicycle Deposit

In 2016,the shared bicycles sprang up.The concept of health and sharing has been sought after by the whole people.According to the regulations of the shared bicycle companies,users can't ride the bicycle until they accomplish the regulated amount of payment.In order to enjoy the young and healthy transportation mode,many people have registered and pay the deposit.So the operators quickly gathered a huge amount of deposits.But because of poor management,a large number of bicycle companies went bankrupt,thus caused several problems,such as the users' deposit is difficult to retreat and the huge amount deposit will threaten financial security.However,the relevant legislation can't resist the risks totally.The law should clarify the nature of the deposit in shared bicycle and should make a effective regulation to protect the user's deposit interest.The “Guidance on Encouraging and Regulating Shared Bikes” issued by the Ministry of Communications in 2017 laid the foundation for the supervision of the shared bikes' deposit.However,only the principled provisions were made with no specific arrangements settled.As a result,it leaves possibility for local legislation.In react,the local governments have already introduced various legal documents to regulate the sharing of bicycles.Depended on local situations,these documents are not completely consistent in specific contents,which may lead to institutional competition.In 2019,the “Measures for the Management of User Funds for new transportation facilities(Trial)” determined the specific supervision content of the shared bikes' deposit,and clarified that the supervisory body under the joint supervision mechanism is one administrative department accompanied with multi-department support.Substantial progress has been made in the fields of the specific content of the users' deposit regulations,the differentiation of prepaid funds policies and showing the concept of inclusive and prudent supervision.On the other hand,considering the relevant legislation for sharing the deposit of bicycle users,it should not be denied that the legislative hierarchy is rather low,the legal nature of users' deposit and prepaid funds is unclear,and the information disclosure and corporate exit mechanism are not mature.In response to these problems,I suggest that the relevant legislation should be improved,and the regulation should be strengthened.While the legislative hierarchy should be raised,the supervision should also be strengthened to ensure the uniqueness of the special account,which helps the special account to prevent risks.Also,make good utility of public interest litigation system to ensure the basic rights and interests of users;improve the supporting system of enterprise information disclosure,deposit insurance mechanism,industry self-discipline and risk self-control,and promote credit exemption.