Research On Legal Issues Of Shared Bike Deposit Supervision

As an innovative industry,bike-sharing has been slow to follow up policies and laws,and a large number of regulatory gaps have exposed the negative externalities of bike-sharing deposit,resulting in the difficulty in refunding deposit for many users of bike-sharing,which has caused serious adverse impact on the society.The ministry of communications and other ten ministries and commissions have jointly issued a document to advocate the reduction and exemption of deposit and the adoption of special measures for the deposit,but the effect has been little.On the basis of clarifying the legal nature and necessity of supervision of Shared bicycle deposit,this paper makes an in-depth analysis of the problems in the supervision of Shared bicycle deposit,and puts forward the corresponding supervision principles and paths,so as to provide help for the establishment and improvement of the supervision system of Shared bicycle deposit.This paper consists of the following three parts:In the first part,the author analyzes and defines the legal nature of the deposit,and clarifies the legal nature of the Shared bicycle deposit in combination with the current legal provisions while summarizing and sorting out relevant academic disputes.At the same time,through some cases,it reveals the practical harm of the abuse of Shared bicycle deposit and the legal considerations for supervision,and points out the necessity of the supervision of Shared bicycle deposit.In the second part,through consulting and sorting out a large number of legal provisions,the author summarizes the relevant legal provisions on the supervision of shared bicycle deposit,and makes an analysis of its implementation.Later,the author discusses the four problems in the supervision of deposit: the potential risk of illegal fund-raising,the poor connection between legal regulations and policies,the imperfect system of deposit return and the unclear power and responsibility of deposit supervision,and specifically analyses the legal problems in the supervision of shared bicycle deposit.The third part,for innovative industries,it is particularly necessary to properlyhandle the problems of "management" and "promotion".Therefore,starting with the principle,the author first puts forward four principles: market self-discipline first,industry supervision first,bottom line thinking supervision and division of labor coordination supervision to determine the right supervision strength and direction.Secondly,aiming at the problems existing in the supervision of shared bicycle deposit,the corresponding specific solutions are put forward,namely,establishing an early warning mechanism for violations and crimes,formulating unified and integrated policy laws and regulations,formulating a reasonable deposit return system and clarifying the powers and responsibilities of deposit supervision.