共享单车押金管理问题与对策

共享单车押金是当前共享单车行业发展中对用户和公司均产生重大影响的一种金融行为，出于共享经济健康发展的需要、共享单车押金具有准公共属性以及为了规范共享单车公司经营行为，有必要加强共享单车押金的管理。对押金的概念、法律属性等进行分析论证。研究表明:共享单车公司在押金管理上存在押金法律性质模糊，导致押金管理混乱、未按照政府部门要求设立专门账户保管，押金容易被挪用和侵占等；，共享单车公司在市场优胜劣汰机制下面临破产将引发押金无法退还等问题，可能被认定为集资诈骗罪、非法吸收公共存款罪等，加强共享单车押金管理迫在眉睫。因此，加强共享单车押金管理应该在厘清单车押金属于特殊质押的基础上确定押金监管部门和监管方式，明确单车押金孳息归属，同时引入押金托管制度、按比例计提押金风险准备金等。

Problem and solution on the management of deposits for shared bicycle

Paying deposit for shared bicycles is an important financial behavior having big influence on consumers and the companies during the development of shared bicycle industry. For the healthy development of the shared economy， deposits for shared bicycles is granted quasi public property. To regulate the operation of shared bicycle suppliers， management of deposits for shared bicycles should be strengthened. This paper analyzed the concept and legal property of deposits. Research shows that shared bicycle providers do not have a clear view of the legal property for the deposits， leading to confusion during management， failure to set up special management account according to government request， or even misappropriation of the deposits. Under the highly competitive market survival mechanism， the shared bicycle company faces bankruptcy， resulting in non refundable deposits and other problems. The Shared bicycle company may be accused of crimes such as fraudulent fund raising and illegally taking public deposits. Therefore， it is urgent to strengthen the management of shared bicycle deposits. A specialized deposit management department and proper monitoring mechanism should be determined on the basis of clarifying that the bicycle deposit is a special pledge. The ownership for fruits of shared bicycle deposit should be clearly defined. At the same time， a deposit custody system should be adopted， as well as the withdrawal of deposit risk reserve by proportion.