Research On Default Liability Of Shared Bicycle Leasing Contract

Sharing cycle industry from the rise to this day,but for a variety of reasons,from the original booming situation,caught in today's difficult predicament,and even the sharing of the bicycle industry has been fading,the life of the long-term sharing of bicycle failure,but the so-called shared bicycle failure,the main reason is also in the operation and management of enterprises,There is a greater demand on the part of the user.By studying the problem of default liability of shared bicycle leasing contract in China,we can deeply understand the problems existing in the shared bicycle rental industry in China,and then deepen our understanding of the liability for breach of contract for sharing bicycle rental contracts,and further understand the importance of defining the breach of contract of shared bicycle rental contracts for the development of the shared cycling industry.From the point of view of the lessor and the lessee,this paper demonstrates the breach of contract and the liability for breach of contract in the shared bicycle lease,for perfecting the urban three-dimensional public transport system,relieving the traffic pressure of the city's increasingly congested congestion,perfecting the diversified travel system of the citizens,facilitating the public to choose the green travel lifestyle,and promoting the steady development Have important practical significance.The author mainly relies on the existing legal works and the related literature of sharing bicycles,relying on the existing shared cycling platform,from the following five parts of the writing:The first part,the sharing of bicycle rental contract overview,in the study of shared bicycle rental contract default liability,should be the sharing of bicycle rental contract related concept definition,analysis of the characteristics of shared bicycle rental contract,and then analysis of the sharing of bicycle rental contract between the parties ' rights and obligations,and finally study the sharing of bicycles from the conclusion to the entry into force,From the implementation to the termination of the relevant elements,for the sharing of bicycle rental contract breach of liability research to lay the foundation.The second part,the basic theory of sharing liability for breach of bicycle lease contract,mainly includes the particularity of sharing the breach of bicycle lease contract,the imputation principle and constitutive elements of sharing liability for breach of bicycle lease contract,the exemption cause of sharing bicycle lease contract,and the form of liability for breach of contract of bicycle lease.The sharing of liability for breach of contract and tort liability of shared bicycle lease.The third part,sharing the breach of the bicycle lessor and liability for breach of contract,in the sharing of bicycle rental contracts,as the lessor's shared bicycle enterprises,the common default behavior is to provide quality defective bicycle behavior,the disclosure of the lessee's personal information behavior,misappropriation of the lessee's deposit.The sharing of bicycle lessors to provide quality defective vehicle behavior,the disclosure of the lessee's personal information behavior,should apply strict liability,sharing the bicycle lessor misappropriation deposit,so that the deposit return performance can not,the sharing of bicycle lessor should be the responsibility of the subject,and should bear the responsibility of returning the deposit and fruits,and finally,This paper expounds the competition between breach of contract and tort liability of shared bicycle lessor.Part ?,sharing the breach of contract by the cyclist and liability for breach of contract,sharing the bicycle user,as the lessee of sharing the bicycle lease,shall,in accordance with the agreement of the shared bicycle lease contract,standardize the loan car,civilized car,and return the car in time.However,due to the large number of cyclists,the moral quality of users is uneven,in the process of sharing bicycle rental,there are many uncivilized,irregular use of the car situation.This paper selects five kinds of default behaviors which are typical in practice,and will analyze them from the angles of the causes of the problems,the harmful consequences of the breach of contract,and the assumption of liability for breach of contract.Finally,it expounds the problem of breach of liability and tort liability of shared bicycle lessee.The other part,the sharing of bicycle rental contract,the real dilemma of liability for default,and the corresponding way to solve.The number of disputes over the sharing of bicycle rental contracts is large,the disputes involve a small amount,the evidence is more difficult,and because of the limitation of the dispute resolution clause,that is,the arbitration clause or the choice of the terms of the court to be sued,the liability for breach of contract in the shared bicycle lease is faced with real predicament.In the face of the real dilemma of accountability,the corresponding solutions are: Relying on the customer service system to build a dispute online resolution mechanism,by the shared bicycle enterprises for the sharing of bicycle users to buy personal accident insurance,Regulate the dispute resolution clauses in shared bicycle rental contracts,the construction of user account cancellation and funds return system,Establish user credit scoring system and blacklist system.