Jiangsu's first large -scale violation of bicycle sharing property rights cases for the conclusion

On -site evidence

The emergence of shared bicycles has greatly facilitated people's travel, but it is not uncommon to destroy shared bicycles. Recently, the second trial of Wuxi Intermediate Court has ended the case that was damaged by bicycle sharing due to barbaric construction. In the end, the original judgment was maintained. The defendant Fang Wuxi Guolian Metal Material Market Co., Ltd. was sentenced to compensate the plaintiff Shanghai Junzheng Network Technology Co., Ltd. and Shanghai Junfeng Network Technology Co., Ltd. for a total of 1017961.22 yuan. This is also the first case of large -scale bike -sharing property rights in Jiangsu.

Harbin bicycles are damaged due to barbaric construction

The two plaintiff Junzheng Company and Junfeng Company were co -operators of "Harbin". Among them, Junzheng Company provided operating support services through the online "Harbin APP" platform software. Junfeng Company provided bicycle rental services. After entering the Wuxi market, he has been committed to providing convenient bicycle travel services for users.

From 2019 to 2020, the Shanbei Squadron (hereinafter referred to as the Shanbei Squadron) in Liangxi District, Liangxi District, Wuxi City (hereinafter referred to as the Shanbei Squadron) According to the "Harbin Travel Shanbei Street Operation Plan" provided by Junzheng Company, Junzheng Company and Junfeng will successively The "Harbin" shared bicycle operated by the company was transported to a shared parking point next to the shared bicycle station next to the Eternal Petrochemical Gas Station Canal West Road Station for parking. On the west of the venue is the Guolian Company, the east is the West Road of the canal, the south is an eternal petrochemical gas station, and there are wall intervals on three sides. At that time, due to construction needs, Guolian Company applied to the relevant departments. After approval, it opened a temporary road between its fence and Canal West Road. It needs to be pushed down on both sides of the wall and closed after construction.

In September 2020, the construction party entrusted by the Guolian Company used machinery such as bulldozers during the construction process to destroy some bicycles parked on the site, which included the Harbin bicycle involved in the case. Later, through the consent of the Shanbei Police Station, under the on -site supervision of the Shanbei Squadron and the recording of the law enforcement recorder, Junzheng Company counted the scene to confirm that the construction behavior damaged its shared bicycle 1821 vehicles. After hearing, the Liangxi District Court of Wuxi City was judged in the first instance that the National Federation Company compensated Junzheng Company and Junfeng 1017961.22 yuan.

Those who infringe on others' property assume all compensation liability

However, Guolian Corporation believes that the company is constructed in accordance with the relevant opinions of government departments, and is mistaken for the venue vehicle is a scrapped vehicle. The subjective fault is small, and it may lead to a large number of reasons for the value of the vehicle. It was not good before. Therefore, all the losses of bicycles involved in the case should not be borne by the National Lianlian Company. At the same time, the court of first instance believed that the market value of the vehicle involved in the case before the construction was wrong and appealed to the results of the first instance judgment.

In the second instance, the Wuxi Intermediate Court believed that the judgment of the first instance determined that the facts were clear, the applicable law was correct, and it should be maintained. Although the Guilian Corporation was under construction after administrative approval, it should assume all compensation liability for infringing on the property of others during the construction and subjective faults.

Shared bicycles "chaos" is looking forward to more compliance

"Shared bicycles are a new type of pass and property management, but all their owners and managers also enjoy legal property rights." Wang Xiaofen, judge of Liangxi District Court of Wuxi City, said that although the shared bicycle is different from public facilities, Its use may be for unspecified people, but in terms of property law, both public property or private property, property rights are equal.

"Although many bicycles of shared bicycles are in an open -air environment, the company's control of the vehicle is more in the scope of technical control. If the shared bicycles are considered to park and are not standardized, they can be solved through reasonable control. Damage to personal property under allowed. As long as the shared bicycle is under control, even if it is not brand new, the rights should be legally protected. "Guo Hu, a lawyer of Beijing Jingshi (Hangzhou) Law Firm The typical significance not only fully reflects the reasonable protection of property, but also reflects Jiangsu's efforts to create an excellent judicial environment for enterprises.

"The victory of the case has given us a reassurance. I hope that we can use this for the sharing of the bicycle industry to repeatedly ban the rude collection of the alarm to make the industry develop healthier and orderly." Relevant personnel in the Harchi bicycle Wuxi area told reporters. In the current actual operation, there are indeed some citizens who do not stop the bicycle sharing into the planned parking area after the citizen riding. To this end, the company has added operation and maintenance staff to actively cooperate with relevant competent authorities for pavement governance work, and at the same time launching the "electronic fence" technology in Wuxi to guide citizens' civilized cycling and standardized parking.

"In the future, we hope that the regional competent authorities can optimize the process of pavement order maintenance and their related systems. When the vehicles need to clean up, we will notify the enterprise in time, and we will also actively cooperate with the response. The travel environment, while avoiding the damage of shared bicycles, reducing the life cycle of the vehicle, causing unnecessary waste of resources. "The person said.

Jiangsu Economic Daily reporter Hong Yan intern Tang Yuyu

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