Legal Issues Related To Shared Cycling Analysis

In April 2016,bicycle-sharing became a hot topic.Sharing appear to enrich our bike trip mode,which provides a great convenience for our life,but also saves energy,provides a new way for environmental improvement and management,provided the impetus for the development of the times and the progress of civilization,but with the bicycle-sharing wheel to continue to move forward on,bicycle-sharing is becoming people at leisure talk,as people can not be ignored,and these problems can be solved properly,but also related to the sharing of bicycle industry in the future,the relationship between the speed and the length of the shared bicycle wheel forward.With the development and innovation of science and technology,the Internet has penetrated into all aspects of our life,Internet plus has also become an important form of the development of traditional industry transformation。In recent years,with the advent of the Internet boom,the sharing of economic development in full swing,Didi taxi in the ascendant,bicycle-sharing turned out again.The beginning of April 2016,the bicycle-sharing market is more and more popular,a large number of bicycle influx has solved the most workers "the first mile and last mile problem,at the same time,the emergence of new things will inevitably bring about many problems,sharing bicycle is no exception,the author believes that to solve the legal problems of bicycle-sharing,must first understand what is bicycle-sharing,bicycle whether sharing is a shared economy,what is the concept of sharing economy,sharing economy itself what legal problems need to be solved;and to understand the status ofbicycle sharing,sharing is how to use the single car,but the civil contract involved in the process,how to understand the deposit problems,how to solve.In addition,in the face of the current situation and problems of bike sharing involved,must keep a clear mind,and that is to avoid legal centralism,although no law is absolutely not,but must be clear about the law is not a panacea,in addition,the legal function must be another way,the searching method of external factors,crack sharing a bicycle menace from the rear.The author expounds the views from six parts,and writes the thesis as follows:The first part of the economic development and bicycle-sharing is discussed,a detailed description of the development of bicycle-sharing,in 1965,Amsterdam began to experiment with "public bicycles",2007,the French Paris to restart the project,launched the "freedom of riding a bicycle" 2007 China began to introduce the public bicycle system has certain use value,open the city is dominated by the government unified management mode of the times.2010-2013 years,the Youon company was founded,and began to undertake municipal bicycle,opened the contract market bicycle era.2014-2016,ofo,v-mobile established,put forward the thinking of the Internet,personal bike sharing,no pile cycling began to rise.Since 2016,sharing bicycles has entered a climax and entered the era of contending for hegemony.This paper analyzes the present situation of bicycle-sharing by means of data statistics,and makes reasoning more reliable.According to statistics,we can clearly understand the various market share a total of more than 20 large and small single platform,and the widespread use of intelligent technology development and wide application of intelligent mobile phone also offers the possibility and convenience for sharing and management of bicycle,intelligent mobile phone people one hand promotes the sharing of bicycle concept promotion and sharing platform of the bike broke out.At the same time,can be seen by the data,since the shared bicycle is widely used,the way people travel has also undergone tremendous changes,can be said to share the bicycle appeared deeply affects the life of people,especially the life of workers,likethe same bike sharing platform slogan,sharing a great solution to people’s travel bicycle "the first mile and last mile" embarrassing situation.Finally,have to pay attention,in the sharing of bicycle users,a large number of minors,risk and legal consequences arising there from should not be ignored,such as tort problem of minors using bicycle-sharing in the process of solving.The second part,this paper analyzes the problems of civil contract involving bike sharing,such as bicycle-sharing APP and registered users to download single user account the legal nature of "user agreement" of the nature of the problem,and the basis for solution contract dispute.In this part,the author analyzes the start between the user and the sharing platform of the bicycle rental contract is not a sign of bicycle-sharing users to download APP,on the contrary,the behavior of APP users to download only that users will use bicycles and may,after the user downloads the APP and register the corresponding single user and payment provisions of the bicycle platform after the deposit,Party made use of bicycle qualification,at this time,a single platform between the user and the lease relationship however,bicycle platform will generally set the "user agreement" on APP,the lease again set bicycle use rules to restrict user maintenance,bicycle platform business interests,but I believe that the "user agreement" no matter from the formal point of view,or from the content analysis,the framework has the characteristics of the contract,and each time the user use bicycle solutions Lock and latch behavior constitute the independent leasing contract,because of the nature of contract and the beginning of the contract,once the cause of the user in the use of bicycle and bicycle in the process of sharing platform dispute case,should adopt different legal relations to solve.The third part,the bicycle-sharing platform in order to make a better platform for operation and standardize the user cycling behavior to maintain its own commercial interests and charge deposit behavior has been a major topic of criticism in the industry,the author therefore focuses on the analysis of the legal nature of the general deposit and bicycle-sharing of the legal nature of deposit,I think,first of all,from the current comprehensive the quality of the science and technologydevelopment stage and our analysis,bicycle-sharing platform to charge a deposit for the cycling behavior can be understood,and in accordance with the spirit of civil law.From the law perspective,the deposit belongs to the nature of real right of pledge of subrogation,while holding the deposit but it does not have the deposit bicycle ownership sharing platform,so in the absence of special agreement,the deposit can be free to use the bike sharing platform,but may not be used for investment and possession of deposit deposit generated the fruits of.Secondly,just rely on the existing legal system and the public good custom to solve the shared bicycle situation obviously very powerless,because whether it is resulted from the commercial competition angle of malicious competition,caused by individual or shared bicycle only fall apart or from the evil people analysis perspective,sharing single receive deposit may at any time because the bike sharing platform the bike down or misappropriation,transfer deposit investor behavior leads to a full refund of deposit can not users,there is a huge risk of huge deposit.Therefore,the author puts forward some corresponding suggestions in order to solve the deposit pool risk sharing platform for bicycle,first of all,should consciously improve the platform deposit rules,increase the documentation or improve the "deposit deposit rules",reflect the will of the consumer and truthfully to the collection,use and refund of deposit will be detailed.Secondly,adding the deposit in the deposit problem fruits belong to rule file,and reflect the wishes of consumers.The government should also share the single charged deposit problem and return to make mandatory the corresponding requirements,such as sharing platform must set up special bike deposit accounts,third party supervision,to ensure earmarking,disclosure,and consciously accept the public supervision.Take the third party fund trusteeship system,for the establishment of specialized bicycle sharing deposit deposit account,and according to a certain proportion by third local financial regulatory agencies or bank supervision,to prevent the bicycle platform due to their own poor management led to a shortage of funds and any other consumer delivery of the deposit or criminals absconding,damage the interests of consumers the situation.In addition,financial supervision in financialsupervision institutions at the same time,the bicycle platform should also take the initiative to disclose the deposit receipt and use of the relevant information,and enhance market confidence,and through the supervision of market and society,effectively prevent the deposit risk.The fourth part,about the infringement of bicycles produced in the course of sharing,using the method of case analysis to elaborate,bicycle-sharing platform bicycle to avoid legal risks of their own,often make choices about their good agreement even the agreement in violation of mandatory provisions of the law,in the APP user agreement however,as everyone knows,in violation of the mandatory provisions of the law of the contract is invalid,therefore,in the normal use of bicycle-sharing process,once the user in case of accidents,the risk caused by the loss of their own,according to the provisions of the tort law and product quality law,on the basis of fault ratio of bicycle platform shall bear the corresponding liability.Minors torts should also pay close attention to all people,especially the bicycle platform and guardians of minors,should improve the performance of bicycle platform,while the guardian shall do to care and education obligations,so as to prevent minors personal and property losses.The fifth part,although bicycle-sharing is not a new thing,but for the vast majority of people,it appears to subvert the Chinese people’s cognitive.Because the advent of cycling time sharing is not long,the behavior standards are lack of relevant laws and regulations,regulations,users and competitors,these problems are mainly embodied in: bicycle-sharing without pile stops,no specialized personnel for bicycle parking,storage management and maintenance,shared bicycle no real-time monitoring of every car sharing bicycle running therefore,the bike misplacing,malicious removal and theft,alter and discard two-dimensional code cycling behavior It is often seen.This is a list of the possible problems in the process of the development of bicycle-sharing are analyzed,and puts forward some corresponding suggestions in order to get the bicycle platform,users and relevant administrative organs of attention and recognition,and ultimately solve the current chaos ofbicycle-sharing.The sixth part of the article,the author from the solution to avoid legal centralism starting to analysis the importance of law avoiding legal centralism,bicycle-sharing since its appearance began,it is still a new thing,and the emergence of new things will inevitably lead to the development of society changes,so lawmakers with a deep understanding of new things on the operation rule,thoughtful designated in accordance with the law of social development is essential and necessary,however,it is clear that the law is not a panacea,in the process of solving the problem of sharing bikes should be legal and other adjustment methods of comprehensive application,to solve the problem of maximum.