Case Description

Huang is not far from the company, but riding a shared bike to work is the fastest and most convenient way to do so compared to walking or taking the bus. However, due to frequent setbacks in finding a shared bike, and sometimes unable to find a bike, Huang will leave the bike in the company every day after paying for the ride fee when going to work by bike; If you cycle the bike again after work, you can also pay for it and leave it in a remote location downstairs, so that you can ride the bike again the next day without spending time. After a long time, the company that shared the bicycle alerted the police after discovering that the car was running abnormally. After the police found Huang, Huang believed that the shared bicycle was for everyone to use, and he paid the corresponding fee himself. There was nothing wrong.

Lawyer Analysis

First of all, in the sharing economy model, the owner of a shared bicycle is the company that operates the shared bicycle. It has relatively loose ownership of the shared bicycle. Anyone can use the bicycle, but they need to ride within the designated area of the company and pay a fee. During the ride, no one outside the company can enjoy it exclusively. Although Huang paid for the use of the bike, he placed the shared bike in his own control space, making it impossible for anyone else to use the bike, contrary to the wishes of the owner company.

Secondly, under different economic models, the owner's willingness to possess property is different. In the era of non sharing economy, the owner of a bicycle has a unique and exclusive right to the property, and no one can tamper with it. As long as it is taken away, it is theft; In the era of the sharing economy, the owner allows others to use it, but does not allow the exclusive use of the user. Huang's behavior of taking possession of the bicycle reduces the frequency of use, making the owner's company management difficult and complex, breaking the company's will and leaving the company's control, causing the company to suffer property losses, which is also a form of theft. Theft of another person's property with a value of more than 1000 yuan constitutes theft (of course, there is currently no unified standard in practice for determining the value of shared bicycles being owned alone).

In this case, Huang Mou realized his mistake and compensated 500 yuan to obtain the understanding of the bike sharing company.