Now that the whole people have entered the era of sharing, the emergence of shared bicycles has greatly facilitated people's lives, but there are also some people of low quality who will ride shared bicycles home. Do you think this kind of behavior violates the law? Follow Xiaobian to understand it.
A citizen of Shenzhen has been sentenced to six months' imprisonment and a fine of 3000 yuan by the people's Court of Longgang District of Shenzhen City for stealing because he sawed the lock and tried to take two shared bicycles as his own. This is the first case of stealing and sharing bicycle in Guangdong Province.
According to the court's trial, on January 25 this year, Wei Mou Guo, the defendant, quietly pushed two Mobai shared bikes from the gate of ailianzhangbei Yongchang Industrial Zone in Longgang District to the factory warehouse where he worked, sawed off the lock with the factory's hand model machine, and then hid them in a generator room for his own possession. While sawing the lock of the car in Weimou, it happened to be found by the passers-by and took a video to the Internet.
After Moby bike official received the explosion, its operation and maintenance personnel found out the bike number through online video, and found the last riding record and specific location of the two stolen bikes through GPS positioning system, and then reported to the public security organ. Longgang District AI Lian police station police rushed to the scene quickly, Wei will be arrested. After identification, the value of two stolen Moby shared bicycles is 4760 yuan.
Wei, the defendant, confessed to the facts of his crime and voluntarily pleaded guilty. The people's Court of Longgang District believed that the defendant Wei's act had constituted a larceny, and he had the circumstances of pleading guilty to a lesser punishment, so it adopted the sentencing suggestion of the public prosecution organ to make the above judgment.
Is it theft to ride a bike home?
'you can ride home under certain conditions. The specific condition is that the vehicle has been charging for a long time, and the leasing has not stopped. "Wen Xinming said that in this case, the contractual relationship between the user and the bicycle platform has always been fulfilled. It is OK for the user to ride home or find a place to rest.
'as long as the contract relationship is not terminated, and there is no special use scope restriction in the terms of the contract, it is not a breach of contract to ride the vehicle home, and it is not suspected of theft, because the single vehicle platform has always been controllable for the state of the vehicle, and the user has not violated the agreement of both parties. 'said Li Xiaoming.
So why are people suspected of stealing when they take their cars home?
On February 28, Chengdu Longquanyi District Court held a public hearing on the first case of stealing and destroying shared bicycles in Chengdu. LV was sentenced to three months' imprisonment and fined 1000 yuan for the crime of theft. On the evening of December 11, 2016, when Lu went home by tricycle and passed the intersection of Baijia road and Yasi road in Longquanyi District, he found a bicycle parked in the roadside green belt. Seeing no one around, Lu wanted to take the bicycle as his own. Because the bicycle is locked, Lu carries the bicycle on his tricycle and carries it back to his residence. And use forceps to pry the lock open, damage the GPS positioning lock, and use silver paint to change the color of the car body and bench, so as to avoid being found.
A few days later, the staff of the bicycle company found that one of the bikes lost its connection and there was no signal in the inspection system. Through the last positioning of the bicycle, they found that the bicycle's parking position was in a courtyard in Lu, so they called the police.
'instead of getting a bicycle through normal ways, LV obtained the vehicle through illegal means, and violently opened the vehicle's positioning system and locks, and changed the body color. It can be said that LV has obtained the control right of the vehicle, which is exclusive. 'Huang Xiaoying, a lawyer from Guangdong Zhengda law firm, pointed out that Lv's act of transferring and occupying others' property control right by evading others' control for the purpose of illegal possession conforms to the constitutive requirements of larceny.
'I normally rent bicycles to ride home and then turn off the billing system. Is that theft?' Xuanyuan, a friend of the Internet, asked on Weibo.
'there should be an agreement in the lease contract. After using the bicycle, the billing system should be turned off. At this time, the contract between the user and the bicycle platform has been fulfilled. The user should place the vehicle in the agreed area according to the agreement in the contract. "Huang Xiaoying pointed out that if the user did not dismantle the bicycle parts, the vehicle's positioning system was normal, and the bicycle platform could accurately locate the vehicle, then the user's behavior should be regarded as a breach of contract, and the bicycle platform could implement the relevant regulations to deal with it. At this time, it should not be regarded as the theft of the user, unless the user refused to return it, it was suspected of theft.
Therefore, whether some acts are suspected of theft or not should be determined comprehensively, especially when riding home.