Study On The Tort Liability Caused By Shared Bicycle

With the development of economy,the progress of society,the continuous development of Internet,the continuous improvement of people's living standards,the accumulation of too many social resources,the sharing economy came into being,and the most closely connected with people's life is the sharing bicycle.The operation of shared bicycle is a double-edged sword.Its use not only brings convenience to people,but also brings many problems,especially the infringement of damages caused by the use of shared bicycle.The main reasons for this situation are as follows: firstly,the problem of bike sharing industry itself,the lack of strict management of relevant enterprises;secondly,the lack of supervision of relevant departments,the lack of strict market access;finally,the problems of tort liability system itself and the application of law.In view of this,it is very necessary to discuss the infringement of damages caused by sharing bicycles.This paper includes five parts:In the first part,based on the background and significance of the research on the liability system for the damage caused by the shared bicycle in China,the author briefly analyzes the importance of the liability system for the damage caused by the shared bicycle,and expounds the different contents of the liability for the damage caused by the shared bicycle by Chinese scholars in combination with the research status at home and abroad.At the same time,it draws lessons from other countries about the damage caused by the shared bicycle Based on the research and current situation of tort liability system,the innovation of this paper is pointed out.The second part first introduces the shared bicycle from the background of the sharing economy,and through the comparison with the traditional bicycle,discusses the uniqueness of the shared bicycle from five aspects;through the comparison of the different operation modes of the shared bicycle,summarizes the nature of the civil legal relationship involved-the leasing legal relationship,and demonstrates it in detail.Secondly,this paper analyzes the characteristics of the damage caused by shared bicycle,points out that there are multiple infringements,the complexity of accident cause finding and the fuzziness of liability subjectidentification,and further proposes that the damage caused by shared bicycle is mainly caused by the defects of products,the fault of regulators and users,which provides the basis for the last part of the refinement The legal characteristics of tort liability for damages caused by shared bicycles are clarified,which paves the way for the following.The third part discusses the current situation of legislation and judicature on the tort liability of the shared bicycle.The legislative status starts with the tort liability law,product liability law,road traffic safety law,relevant administrative regulations and relevant local regulations,and clarifies the legal basis for solving the tort liability for damages caused by shared bicycles in China at this stage.In terms of judicial status,through summarizing judicial judgments and typical cases,it is concluded that the recognition of the tort liability for damages caused by shared bicycles is mostly concentrated in the tort law Liability law and consumer rights and interests protection law summarize the obligations of relevant subjects from the judicial practice and pave the way for the following.Finally,three problems of tort liability system for damages caused by sharing bicycle in our country are concluded:lack of targeted and systematic legislation,lack of clear provisions on the obligations of relevant subjects,and lack of response to general provisions of tort law.In the fourth part,the author studies the operation mode of shared bicycle and the legal basis of tort liability for damages caused by shared bicycle in two countries and regions.The development of sharing bicycle in foreign countries is faster than that in our country,which also involves the infringement of damages caused by sharing bicycle,and the relevant legislation is relatively mature.Through the introduction and comparison,it can be seen that in order to solve the infringement problem caused by sharing bicycles and protect the legitimate rights and interests of users,the practice of foreign countries mainly focuses on two aspects: improving laws and implementing policies.Foreign legislation and practical experience provide reference for the improvement of relevant systems in China.The fifth part puts forward suggestions on the improvement of the system of tort liability for damages caused by sharing bicycles in China.On the one hand,improve the content of relevant laws and regulations and the system itself,point out to formulate special laws and regulations and improve the existing laws;on the other hand,refine the responsibilities ofproducers,leasing platforms and users,and at the same time,add the responsibilities of the government as the supervisor in the main responsibility section.In this paper,the author details the rules of liability determination under different types of tort liability for damages caused by shared bicycles,points out the reasons for exemption of the parties in different tort acts,and puts forward suggestions for improvement.