The Financing Attribute And Risk Supervision Of The Shared Bicycle

The shared bicycle,known as the internet rental bicycle,is a time-sharing leasing operation of non-motorized vehicle.It is a new service model integrating the development of the mobile internet and the rental bicycle.As it seizes the last kilometer of people's pain points in the field of travel,with the help of the advancement of internet technology and the sharing economy,it has achieved rapid development since its birth.In just two years,more than 60 shared bicycle companies have been established.It has attracted a large amount of capital to rush in,which even has developed into a capital game.In the second half of 2017,the shared bicycle industry entered the big reshuffle stage,and the phenomenon of bankruptcy of shared bicycle companies has emerged one after another.As most shared bike companies have adopted a deposit model,there is problem such as user's deposit being difficult to repay or failing to return.This article is based on this fact to carry out an in-depth study,which focus on the financing attribute?financial risk and supervision of the shared bicycle.This article first analyzes the financing attribute of the shared bicycle.Through the introduction of the concept of financing attribute,it is clear that the financing attribute of the shared bicycle refers to the financing function derived from the background of the Internet.Through analyzing the operating model of the shared bicycle,it is clear that its financing attribute is reflected in deposit.Then,using the deposit as a breakthrough point,the legal analysis of the deposit of the shared bicycle is carried out.It is concluded that in the absence of the law on the deposit and the uncertain of the deposit agreement between the shared bicycle platform and the user,whether from the legal attribute of chattel mortgage or alienation guarantee,the shared bicycle already has financing attribute.On this basis,by further analyzing the deposit model of the shared bicycle rental and the deposit model of the traditional lease,it is concluded that the former has mutated relative to the latter in the internet environment,and precisely it is the variation that has increased the financing attribute of the shared bicycle.Then the paper analyzes the financial risk of the shared bicycle.In order to conduct research more clearly,the author follows the idea of "analyze the financing attribute of the shared bicycle from the legal perspective" and once again cuts in from the legal perspective,assuming that the legal nature of the deposit is chattel mortgage or alienation guarantee,combined with actual conditions,the financial risk that may be derived from the shared bicycle companies is analyzed.Finally it is concluded that when the legal nature of the deposit is chattel mortgage,the shared bicycle has the capital pool risk and compliance risk.When the legal nature of the deposit is alienation guarantee,the shared bicycle has credit risk and investment risk.Then from the point of view of the lease model,the risk of illegal fund-raising for the shared bicycle is further derived.Finally,it discusses the financial supervision of the shared bicycle.Firstly,it discusses the issues of "What is good financial supervision" and "What is China's good financial supervision" in conjunction with the relevant theories of financial supervision.Then it explains the necessity of the shared bicycles be adopted into the financial regulatory system.Finally,combined with "good financial supervision",the paper constructs a financial supervision system for the shared bicycle: "prudential and inclusive" as regulatory philosophy ? "user interest protection" as regulatory goal ? "deposit and management and internal-control" as regulatory object? "the local financial work office" as regulatory body? "risk regulation as the core" as regulatory rules.