| In the case of Wu v.J C.,Ltd,the judge “made laws” on the generation of dispatching fee in accordance with the standard contract between the user and the bicycle operating company,resulting in a serious imbalance in the distribution of interests between the user and the bicycle operating company.The generation of the shared bicycle’s dispatching fee is based on the standard contract between the user and the bicycle operating company,but the evaluation method of the standard contract between the two in the contract law directly affects the function and legal nature of the dispatching fee.If the user’s registration behavior and riding behavior are evaluated separately,the shared bicycle’s dispatching fee mainly plays a punitive function,and the legal nature of the dispatching fee is punitive liquidated damages.If the user’s registration behavior and riding behavior are evaluated as a whole,the shared bicycle’s dispatching fee mainly plays a function of compensating for the loss caused by the actual dispatching of the bicycle operating company,and the legal nature of the dispatching fee is compensatory liquidated damages.From the perspectives of the balance of interests between users and bicycle operating companies,the function of the shared bicycle’s dispatching fee,and the content of shared bicycle’s rental contracts,the legal nature of shared bicycle’s dispatching fee should be defined as compensatory liquidated damages,and the rules for the generation and elimination of shared bicycle’s dispatching fee should be clear under this positioning.The article discusses the legal nature and applicable rules of shared bicycle’s dispatching fee from the perspective of the case of Wu v.J C.,Ltd,which is mainly divided into the following five parts.The first part is the introduction,which mainly introduces the article’s research background,research significance,research methods,and the status quo of related theoretical research and legislation on shared bicycle’s dispatching fee,and points out the innovations in the article’s research angle,content and methods.The purpose of writing this part is to prepare for the development of this articleThe second part is mainly to raise questions.It collects and sorting out the legislative provisions and applicable rules of shared bicycle’s dispatching fee,briefly introducing the case of Wu v.J C.,Ltd and evaluating the judgment results and ideas.After that it point out that the legal nature of shared bicycle’s dispatching fee is not clear,and the generation rules of shared bicycle’s dispatching fee ignore the balance of interests and the eliminationg rules of shared bicycle’s dispatching fee are missing.The third part is mainly to discusses the basis of disputes over the legal nature of shared bicycle’s dispatching fee.The generation of the shared bicycle dispatching fee is based on the standard contract between the users and the bicycle operating company,but the evaluation method of the standard contract between the two in the contract law directly affects the function and legal nature of shared bicycle’s dispatching fee.If the user’s registration behavior and riding behavior are evaluated separately,the function of shared bicycle’s dispatching fee is mainly to punish the breach of contract,and the legal nature of the shared bicycle’s dispatching fee is punitive liquidated damages.If the user’s registration behavior and riding behavior are evaluated in an integrated manner,the function of shared bicycle’s dispatching fee is mainly to compensate the loss caused by the actual dispatching of the bicycle operating company,and the legal nature of shared bicycle’s dispatching fee is compensatory liquidated damages.The fourth part mainly analyzes the reasons why our country should choose compensatory shared bicycle’s dispatching fee.Analyzed from the perspectives of the balance of interests between user and bicycle operating companies,the function of shared bicycle’s dispatching fee,and the content of shared bicycle’s rental contracts,the legal nature of shared bicycle’s dispatching fee should be characterized as compensatory liquidated damages.From the perspective of the balance of interests,the compensatory dispatching fee is more in line with the value orientation of the principle of prohibition of offsetting the profit and the principle of format clause interpretation;From the function of shared bicycle’s dispatching fee,the shared bicycle’s dispatching fee is mainly used to compensate for the loss of the bicycle operating company due to the implementation of dispatching,so administrative penalty and punishment function dispatching fee should be excluded and compensation function dispatching fee should be adopted.Judging from the content of the shared bicycle’s rental contract,the content of these contracts signed at the time of registration already contains the content of the rental contract.These contracts should be the lease contract,and the subsequent cycling behavior is the performance of the contract.From the perspective of this holistic evaluation,shared bicycle’s dispatching fee should be a compensatory liquidated damage.At the same time,it analyzes the characteristics of contract joint,appointment and contract,and points out the improper application of separate evaluation,and then excludes the application of punitive dispatching fee.The fifth part mainly discusses the construction of compensatory dispatching fee applicable rules.The basis of the compensatory dispatching fee is the contract of the shared bicycle’s rental contract signed by the user’s registration behavior.The generation rules of shared bicycle’s dispatching fee are designed around the actual dispatching of the bicycle operating company,and the the elimination rules of shared bicycle’s dispatching fee is designed around the balance of interests between the user and the bicycle operating company.The sixth part is mainly to return to the case.It analyzes the judgment results and ideas of the case through the conclusions of the article.and points out the applicable rules enlightenment on shared bicycle’s dispatching fee brought by the case,and provides theoretical reference schemes for the adjudication of similar cases and the legislation of rules and the improvement of supporting systems. |
