Research On The Legal Nature And Differentiated Supervision Path Of Bicycle-sharing Deposits In My Country

In recent years,the Shared Bikes has experienced tremendous changes from the climax to the bottom,the problems hidden behind the development and growth gradually emerged,especially the problem of Shared Bikes customer deposits.Shared Bikes customer deposits,rooted in the China's traditional leasing customer deposits,has added new features of sharing economy and Internet technology,and has become a common practice in the industry.However,the legal nature of Shared Bikes customer deposits has always been unclear,and therefore there is no effective regulatory rules.The huge amount of the "deposit pool" is very dangerous and lacks supervision,until many Shared Bikes enterprises have closed down,and the security of user funds cannot be guaranteed,which has triggered a run,which has caused widespread concern in the society.Although China has issued several departmental regulations on the supervision of Shared Bikes customer deposits,it lacks a clear definition of the legal nature of the deposit,resulting in a lack of integrity between the rules.In fact,the reason why the existing deposit supervision is at a loss in the crisis of the deposit is that there is no definition of the legal nature of Shared Bikes deposits.The regulatory system without the nature of the deposit is undoubtedly lacking the core and foundation.For this reason,this paper starts from the legal nature of the deposits,and based on this,studies and constructs a scientific and reasonable supervision system and specific rules for Shared Bikes customer deposits.The study of the legal nature of shared bicycle deposits must start from both theoretical and practical dimensions.The existing theoretical research provides us with a basic view on the legal nature of deposits,but it always attempts to define deposits with a single nature and build the corresponding regulatory rules based on this.In fact,the diversity of commercial practice of Shared Bikes deposits in China is neglected.The study of the legal nature of deposits must be combined with practice to unearth the legal.basis behind Shared Bikes customer deposits and to summarize the different types of deposits.From the different types of deposits,the legal nature of the Shared Bikes customer deposits,and the corresponding regulatory rules,is proposed for the differential management of shared bicycle deposits proposed in this paper.According to the commercial practice of Shared Bikes in China,there are three different types of deposits,the deposits for use,the revolving deposits and the financing deposits.These three deposits have very different legal natures.Due to the respect of commercial transaction arrangements and the true will of the market participants,the supervision of these three deposits requires different regulatory rules according to their different legal natures.First of all,the deposits for user is an Atypical pledgee.The supervision of this deposits should adopt the combination of public and private law,establishing the legal relationship of deposit money pledge from private law,strengthen the examination of the deposit qualification of enterprises from the public law,and strengthen the supervision of deposit accounts.Secondly,the revolving deposits is still a deposit in nature,which is a guarantee of the nature of the credit.When the enterprise uses the deposit,the nature of the deposit is converted into borrowing.The supervision of revolving deposits mainly focuses on the use of the deposit.The deposit may not be used without the consent of the user,limiting the amount and use of the deposit.Finally,the financing deposit has financial attributes,mainly for financial supervision,limiting the total amount of financing deposits,establishing a provisional payment system,third-party deposit of financing deposits,and supervising the use of deposits.