共享单车运营立法规制管窥

近年来迅速发展的共享单车在运营中在为市民出行带来便利的同时，亦存在挤占城市公共空间、妨碍城市交通安全等突出问题，通过对国家一元多层次的立法体制分析，研究共享单车运营立法的科学规制。研究认为，共享单车运营的立法层次属于地方立法，应当由设区的市、自治州的人民政府制定规章，且主要在其市区内实施；共享单车运营的立法内容，应遵循绿色、共享、鼓励、规范、安全等基本原则；相关立法还需要明确将共享单车纳入城市道路发展规划，适当控制投放数量，明确共享单车运营法律关系中存在的监管者、运营者和使用者主体的法律责任；监管者应对运营者租金的收取与押金去向等行为进行合理监管，建立合理的共享单车运营竞争机制，依据城市交通系统现状以及共享单车饱和度等因素，设立共享单车运营企业的准入机制，促进共享单车与其他城市交通的有效兼容，实现城市交通公共资源配置的系统化、规范化、合理化。

Restriction of legislative regulation of the operation of bicycle sharing

In recent years, the rapid development of bicycle sharing has brought convenience to public travel. At the same time, there were also prominent problems such as occupying urban public space and hindering urban traffic safety. Through the analysis of the unitary and multi layered legislative system, scientific regulation of legislation of bicycle sharing was researched. Research shows that legislation level of bicycle sharing operation belongs to the local legislation, and regulations should be formulated by the peoples governments of the municipalities and autonomous prefectures in the districts, which are mainly implemented in their urban areas; the legislative content of bicycle sharing operation should follow the basic principles of green, sharing, encouraging, regulating and safety; the relevant legislation also needs to explicitly make bicycle sharing into the plan for the development of urban roads, properly control the delivery number and clearly lay down the legal responsibility of regulators, operators and users in the legal relationship of bicycle sharing operation; regulators should reasonably supervise the operators rent collection and deposit whereabouts and establish a reasonable competitive mechanism for bicycle sharing operation. According to the status of urban traffic system, saturation of bicycle sharing and other factors, access mechanism of bicycle sharing operation enterprises should be established, in order to promote the effective compatibility of bicycle sharing with other urban traffic and realize the systematization, standardization and rationalization of the public resources allocation of urban traffic.