The Study Of The Legal Nature Of The Deposit Of Shared Bicycle

The word deposit is not clearly stipulated in the current law of our country,but it is widely used in economic society,and its nature and legal regulation need to be clarified and refined.Nearly two years the rise of Shared cycling in the whole society caused a "ride" heat,but the vast majority of Shared bicycle companies to charge the deposit as the basic premise of the users to use vehicles,a large amount of deposit in a short time,formed the huge pools of capital,caused a lot of legal issues and many problems due to the law for the deposit qualitative fuzzy.Although many scholars call on the government to regulate the sharing of bicycles,it is undeniable that the introduction of administrative regulations and rules is a long-term process.Therefore,it is particularly important to analyze and regulate the sharing of bicycles legally under the current legal framework.Carefully analyzes the legal issues surrounding the Shared cycling,the starting point of the dispute and the root cause lies in the deposit,it is fuzzy,the legal nature of the deposit was involved in related problems can not accurately apply uniform rules and standards.So the author believes that to strengthen the administration of the Shared cycling deposit its premise must set points for the legal nature of the deposit check,clarifying bike deposit under the premise of legal nature,and from under the current legal framework for available for applicable rules and standards,thus clear bicycle fruits of the deposit belongs to,the deposit regulators and the way of supervision.This article focuses on Shared cycling,about the nature of the deposit through combing and analysis of different doctrine,and local typical cases with the supreme people’s court cases,and hope to be able to be Shared within the scope of the existing legal framework for bike deposit also puts forward some ideas about the law of qualitative,can make the deposit as a formal legal concept appeared in the law and regulation,and have special provisions in and ownership of the deposit belongs to define.This paper is divided into three chapters.The first chapter discusses whether the pledge right can be established with money,which is the basis and premise of the whole article.This chapter focuses on the two central arguments that negate the view that money can establish pledge,and refutes them through theories and precedents,so as to draw the conclusion that money can establish pledge.On the basis of clarifying the basic premise,the second chapter mainly discusses the deposit as a kind of real rights for security,its guarantee in Shared cycling,define the interdependent relationship with the main contract is the deposit non-term lease dual obligation in the contract and the lease contract,and determine the guarantee of the deposit is mainly manifested in the guarantee the proper use of the user of complete and return the bike obligation,denied their duty of guarantee user pays the rent.The third chapter mainly discusses the types of security real right of deposit.In this chapter,through the comparative analysis of various viewpoints,determines the pledgee’s direction,coupled with Shared bike companies in the particularity of the real life,made a bold breakthrough,it is concluded that Shared bike belongs to the special form of pledge right-the maximum amount the pledge of conclusions,and through the conclusion of reality meaning opposite examine the rationality of the conclusion.