Research On The Legal Issues Ofadministrative Supervision Of The Shared Bicycles

The shared bicycles that entered the market in 2015 bring many problems,such as the cessation of the road,the invasion of road resources,the destruction of the environment by bicycles and so on,the central and local governments have begun to supervise them since 2016.It is undeniable that with the implementation of the concept of cooperative governance,the modernization of regulatory measures and the balance of supervision,the existing supervision has achieved remarkable results in easing vehicle parking and standardizing the provision of service services.However,some basic legal issues of supervision,such as the nature of vehicle clearance behavior and the boundary of government power role in market access regulation,have not been resolved,leading to the questioning of many regulatory tools in practice.Based on the problems reflected by the status quo of shared bicycle administrative supervision,this paper analyzes the legal problems existing in different supervision stages in combination with existing laws and regulations,and proposes countermeasures to provide assistance for the development of the shared bicycles.In addition to the introduction,the paper is divided into four parts.The first part focuses on an overview of the administrative supervision of shared bicycles.Due to the negative effects of shared bicycles in the development process,it is necessary for the government to supervise them as representatives of the public interest.However,the existing supervision has not been clarified due to basic legal issues,and the current administrative supervision has fallen into deep water.Therefore,it is necessary to solve the controversial legal issues in the existing administrative supervision.The second part discusses the access supervision of the shared bicycle.It is analyzed that in the regulation of industrial access,the boundary of government power is affected by the attributes of Internet rental bicycles,geographical reality,and industrial development needs.At the same time,the government should adhere to the principle of “compensation” and power.The principle of limited exercise,exerting power around the mode,conditions and scope of access,and adhering to the boundaries of power intervention.The third part discusses the process supervision of shared bicycles,mainly focusing on the vehicle clearing behavior and operational evaluation activities in the dynamic control tools.Analyze the legal attributes of different forms of vehicle removal behavior.Operational evaluation activities are closely related to social disciplinary and administrative disciplinary actions,so they should be controlled by the use of power.The fourth part discusses the exit supervision of shared bicycles,and analyzes the main controversial legal issues concerning the withdrawal of the subject and the withdrawal of the object.Ordering to quit is an administrative penalty,so local governments cannot create this punishment through normative documents.The realization of bicycle compulsory retirement is difficult to achieve by relying solely on social autonomy.What's more,there is no legal basis for relying on the government to establish a compulsory retirement system.In this context,It can be based on the governance of the contract,supplemented by social autonomy,and through the combination of the power of the government and the social group,put pressure on the market entities outside the industry and within the industry,forcing them to actively implement the elimination of used vehicles.