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The Problems And Countermeasures Of Diversified Solutions To Bicycle-sharing Disputes

Posted on:2019-09-06Degree:MasterType:Thesis
Country:ChinaCandidate:H H RenFull Text:PDF
GTID:2436330569477841Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years,with the rapid development of the shared-bicycle industry,the number of shared-bicycle disputes has also increased dramatically,and the types of disputes have been diversified and complicated.Shared-bicycle disputes have increasingly become obstacles to the development of the bicycle-sharing industry and affected the construction of a safe society.Disputes can be resolved either by litigation or non-litigation resolution.However,based on the particularity of shared-bicycle disputes,the multiple solutions for shared-bicycle disputes also expose more and more problems and deficiencies.Examining these obstructive factors,the author believes that there is a need to analyze the main problems behind the shared-bicycle disputes and their diversified solutions.Based on that,can we put up with some suggestions of adjustments and improvements.In addition to the preface and conclusion,the paper is mainly divided into four parts:The first part is the introduction of typical cases of shared bicycles.The author collects ten current and typical types of shared-bicycle disputes from the perspectives of the frequency of sharing bicycle disputes,the degree of public concern or possibility of occurrence,the complexity of legal relationships,the diversification of subjects,and the wide range of legal relationships involving legal departments.These cases are briefly explained.The second part analyzes the definition and characteristics of shared bicycle disputes and the concept and necessity of multiple solutions to shared bicycle disputes.The first is to determine the concepts of shared bicycle disputes and the multiple solutions for sharing bicycle disputes.Second,through the analysis of ten typical examples of shared bicycles,the basic characteristics of shared bicycle disputes are summarized and explained,namely,the network of information media,the complexity of legal relationships,the rapid growth of numbers,the occurrence of group,and the basis for resolution and the gradual perfection and other characteristics.Third,with the help of ten typical cases,the necessity analysis was carried out on the application of multiple solutions to shared bicycle disputes,especially the use of non-litigation dispute resolution methods.The third part elaborates the impact and challenges of traditional bicycle disputes on traditional multiple solutions.Including two aspects of litigation resolution and non-litigation solutions.The problems in the solution of sharing bicycle dispute lawsuits are reflected in the difficulty in determining the main body status and liability of the litigation,the existence of disputes in the specific application of the law,and the difficulty in submitting evidence in the litigation phase;the problem of non-litigation solutions to shared bicycles is reflected in the fact that the reconciliation mechanism lacks the basis for honesty and autonomy in arbitration.The mechanism is difficult to overcome limitations and cost issues,the internal complaints mechanism needs further improvement,industry associations do not give full play to the role of self-regulation,and the litigation and adjustment docking mechanism operates poorly.In the fourth part,the author analyzes the problems existing in the diversified solutions for sharing bicycle disputes and proposes adjustment measures.On the one hand,the author proposes that for litigation dispute resolution of shared bicycle disputes,the author proposes to determine the litigation subject of the operator company,specify the liability of legal liability for different litigation subjects,discuss in detail the applicable issues of the disputed laws and identify them,and improve the litigation process.On the other hand,for nonlitigation solutions to shared bicycle disputes,it is recommended that the emphasis should be placed on strengthening the supervisory role of consumer associations,standardizing the internal complaint mechanism of shared bicycle companies,setting up specialized agencies for sharing economic transport disputes,and innovating shared bicycle industry associations.Autonomous ways to improve the operating mechanism of the docking system of complaints and adjustments.
Keywords/Search Tags:shared-bicycle disputes, diversified solutions, litigation solutions, nonlitigation solutions
PDF Full Text Request
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