Lawyer's point of view:
It means that consumers sign a contract with the bicycle platform of * * *, and users pay for it. They have a lease contract relationship. From the perspective of property law, this bicycle property belongs to the bicycle platform of * * *, and any vandalism against bicycles may constitute infringement. If the vehicle is maliciously damaged, it is likely to violate the "intentional destruction of public and private property" in Article 49 of the Law on Public Security Administration Punishment. If the damage is serious, it should be determined according to the crime of intentionally destroying public and private property in Article 275 of the Criminal Law. As for the specific charges, we should be convicted and sentenced according to the specific provisions of the law.
In order to take the bicycle for themselves, some people take off the QR code and electronic lock on the bicycle and enjoy it, and install the "password lock" privately. In this regard, Liu De analyzed:
This is actually illegally changing the ownership of vehicles into private ownership. If you steal many times, it can constitute theft in criminal law. According to the provisions of Article 264 of the Criminal Law, theft refers to the act of stealing a large amount of public or private property for the purpose of illegal possession, or repeatedly stealing, burglary, theft with a weapon, and pickpocketing public or private property.
Introduction to the event:
A few days ago, some media revealed that many merchants on Taobao were selling "* * * bicycle password locks". Most of them claimed to be "OFO manufacturers" and told reporters how to change locks. The price of "password locks" they sell ranges from a dozen to thirty or forty dollars.
A Shenzhen user who often uses the "Little Yellow Car" said that if he wants to monopolize the bicycle, the method of "changing the lock" is too complicated. Many people "simply and rudely" tear off the front and rear license plates, or paint out the license plates so that others can't get the password to unlock them.
Even if it is replaced by an electronic lock, it is difficult to stop the "possession" of bicycles. It is not uncommon for the QR code to be hacked, the color of the car body to be altered and locked in batches. Some time ago, it was even revealed that some people peddled "second-hand" bicycles on the second-hand transfer platform, "mobike with a value of 4,000 yuan can be bought for 2,000 yuan", but the source of * * * bicycles on these platforms is unknown.
Dai Fujian, a member of the Criminal Business Committee of all china lawyers association and a lawyer of Beijing Dongwei Law Firm, suggested that bicycle platform operators should further clarify the liability for compensation and make users aware of the economic compensation consequences of endangering bicycles and violating the use contract.