| In recent years,the shared bike,which is known as one of China ’s “Four Great Inventions”,has rapidly developed with the development of the sharing economy and the Internet.Shared bikes have become widespread and popular across the country in a short period of time,and the number of shared bikes has increased quickly.The operation model of shared bikes is a new type of bicycle rental model.The popularity of shared bikes has alleviated the traffic congestion and difficult to find parking spaces caused by the number of private cars increasing to some extent.Shared bikes solve the problem of non-connection between the platform and platform during bus changes,especially solve the problem of “last mile” of public travel effectively.And this is the most essential purpose of the shared bikes.However,with the rapid development of the shared bikes industry and the substantial increase in bikes usage,the infringement problems caused by shared bikes are common.These mainly include the liability issues of traffic accidents caused by the defects of shared bikes during the ride,which lead riders to be injured or damage the legal rights of others,the regulatory issues of shared bikes,and so on.Among them,the liability for damage caused by shared bikes defects is particularly prominent.With the rapid increase in the number of shared bikes and the widespread use by people,the accidents caused by shared bikes defects are frequent.It requires more attention and research from the academic community.Compared with traditional bikes,the rent of shared bikes has its own characteristics.Therefore,the liability for damage caused by shared bikes is different from those of traditional bikes.It is particularly important now to know how to clarify the liability for damage caused by shared bikes defects and find a reasonable dispute resolution to improve the corresponding legislative and judicial practice.In this article,it is mainly discussed from the following four parts:The first part is the introduction.First,the author introduce the significance of the topic “Research on the Liability for Damage Caused by Defects in Shared Bikes”.Second,the current research results of scholars at home and abroad are summarized into a literature review,including domestic literature review and foreign literature review.The author also evaluates the research results of infringement caused by shared bikes.Finally,the author introduces methods applied in this paper,including literature analysis methods and empirical analysis methods.The second part is an overview of liability for damage caused by shared bikes defects.This part mainly defines the nature of shared bikes and defects,and emphasizes the scope of the “defects” in this article.Then the author analyzes the concept and characteristics of liability for damage caused by shared bikes defects from the diversification of responsible parties,the principles of imputation and the constituent elements,which are the basis of liability for damage caused by shared bikes defects.The third part is the current situations and problems of liability for damage caused by shared bikes defects.This part analyzes the legislation and judicial situation of liability for damage caused by shared bikes defects in China,and then points out the deficiencies in the legal regulations of liability for damage caused by shared bikes defects from three aspects: responsible parties,the principles of imputation and exemptions.The fourth part is the analysis of responsible parties in damage caused by shared bikes defects.Based on the determination of the legal relationship between the responsible parties,this paper systematically analyzes whether and when the producer of shared bikes,rental platform,renter,third party who improperly used or maliciously damaged bikes act as the responsible party.The fifth part is the responsibility for the damage caused by shared bikes defects.It mainly starts from four aspects: the principles of imputation,constituent elements,scopes of compensation,and exemptions.The article elaborates on the principles of imputation,the constituent elements of the liability for damage,the scopes of compensation for the victim and reasons for exempting from liability in order to resolve the issue of responsibility for the damage caused by shared bikes more efficiently. |
