The Dispute And Legal Regulation Of The New Deposit Mode Of Shared Bikes

By early 2020,bike sharing market has experienced explosive growth in China,and then started to level off,until some bike-sharing companies went bankrupt.With the perfect online-payment environment,they fill the gaps of "last mile" of transportation service.People enjoy the riding convenience brought by sharing bikes,however,they are questioned by the public nowadays.Many bike-sharing companies,led by ofo,have occupied the quarterly black list of complaints from Sina's consumer service platform,Black Cat.Consumers complained that deposits could not be returned,and this kind of leasing began to be suspected of "financing in the guise of sharing".The bike-sharing bubble has already begun to burst,and a number of deposit refund trials came to an end.First of all,the attributes of Shared bikes determine the operation mode of Shared bikes,which affects the collection and use of deposits.Therefore,it needs to be clarified whether the Shared bike platform belongs to the category of sharing economy." Hello Bike",for example,was financed with the "sharing economy" concept,and in September this year received a $400 million strategic investment led by Ant Financial(Alibaba).The core of "sharing economy" is to use the third party platform as a medium to aggregate information and access channels of idle resources,such as idle parking lots,and then provide these idle resources to those who need them but do not have access to them by transferring the right to use them.Dominated and its three sides,the structures,the service mode of information network and trust does not appear in the operation of Shared cycling,sharing the operation mode of the bike,in essence,more inclined to the traditional B2C business services:bicycle enterprises provide bicycle,bicycle demanders directly to the enterprise to pay the deposit and use,can use the bicycle.Taiwanese scholars Ou Yipei and Chen Xinhong also believe that the oBike bikes launched in Taipei are not used to reuse idle assets,but belong to specialized leasing enterprises.The operation mode of shared bikes varies around the world.In terms of guarantee,overseas companies tend to adopt the methods of membership fee or personal credit,whereas most Chinese companies charge 99-299 yuan as deposit.But it's different from the traditional deposit model——given the convenience,most customers do not apply for refund of the deposit after each use,so a large amount of deposit is accumulated in the bike-sharing enterprises.Due to the uncertainty of deposit's nature,there are no reasonable legal regulations targeting to the "deposit pool",which lays a hidden danger for consumers to get the deposit back in the future.In view of the above problems,this paper will examine the practical disputes of this non-traditional deposit model,research the jurisprudence basis,and propose countermeasures for the existing problems.Firstly,the author will discuss the definition of the nature of traditional deposit,which is reflected in the existing theories and practices at home and abroad.Secondly,this paper expounds the financial mechanism for deposit deposit of Shared bikes and the evolution of this mechanism,and points out the feasibility and possible legal loopholes of this deposit mode with case illustration.Thirdly,this paper analyzes the advantages and disadvantages of the deposit model from the perspective of consumers and merchants by examining the traditional department laws such as civil law and criminal law and the influence of current management regulations on bike-sharing enterprises on the deposit model.Finally,the author will start from the goal and concept of regulation,refer to foreign regulation measures for precipitation funds,provide direction for risk aversion,and put forward suggestions for solving the disadvantages of the new deposit model.