Research On Legal Issues Of Sharing Bicycle Operation Supervision

Under the background of China's economic development and transformation,the sharing economy has become a major driving force for China's economic development in the new era.Along with the arrival of the sharing economy boom,the development of shared bicycles also ushered in an opportunity,and the sharing of bicycles began to appear in large numbers.It should be said that shared bicycles play an important role in optimizing China's traffic structure and promoting public green travel,especially in terms of resolving the “last mile” of urban traffic.However,at present,while the sharing of bicycles in China is developing rapidly,it also faces a series of problems.In particular,the issue of the difficulty of returning the shared bicycle deposit,the long return period,and the random parking have profoundly reflected that the current sharing bicycle supervision is not in place,and the legal supervision for sharing bicycles needs to be further strengthened.It is in this context that this paper uses literature analysis,case analysis and comparative analysis to systematically study the legal issues of sharing bicycle operation supervision in China.This paper begins with the basic theoretical issues of shared bicycle operation supervision,analyzes the origin,concept,characteristics and legal relationship of shared bicycles,and focuses on the theory of consumer rights protection,safety theory and interest balance theory.The theoretical basis of supervision is discussed to provide theoretical support for the research in this paper.Secondly,it analyzes the legal issues in the supervision of shared bicycle operation in China.Based on the analysis of the status quo of the regulation of bicycle operation at the national and local levels,it analyzes the main legal issues faced in the supervision of shared bicycle operation.The phenomenon of misappropriation of deposits by bicycle companies,the violation of the legitimate rights and interests of users,the sharing of bicycles to erode the public interest,and the inadequate prevention mechanism for sharing bicycle operations are not perfect.Thirdly,through the analysis of the experience of sharing bicycle operation supervision in the Netherlands,Japan,France,the United Kingdom and Australia,we can summarize the experience that can be learned from the supervision of shared bicycle operation in China,that is,to coordinate the interests of various entities and pay attention to the protection of users' security rights;Regulatory functions;focus on deposit risk prevention.Finally,based on the problems faced by the current shared bicycle operation supervision,the legal countermeasures for promoting the supervision of shared bicycle operation are proposed from four aspects.First,the supervision of the use of the deposit is strengthened to avoid the misappropriation of the deposit of the bicycle company;Legitimate rights and interests,highlighting the user's economic rights and security rights protection;Third,coordinating the conflict between the public interest and the interests of users and bicycle companies,giving play to the role of the government,enterprises and the public in parking supervision;Fourth,strengthening the prevention and protection of shared bicycle operation risks,perfecting Share the bicycle operation information disclosure mechanism,gradually build an alternative mechanism for sharing bicycle deposits and prorate the risk reserve.