Chapter 415: Internet
At present, the regulatory body of Internet company deposits is in a state of absence, so it has also led to many Internet companies using the collected deposits to invest after collecting the deposits.
What can we do? Especially when making high-risk investments such as buying stocks, it is very likely that the company's fund chain will be broken due to investment failure, and the customer's funds will be lost. Therefore, for the deposit of Internet companies, it is necessary to first clarify the regulatory body.
The regulatory body is not only the deposit, but the Internet company behind the deposit and even a series of industrial chains it has introduced. Focusing only on the deposit, without considering the scope and direction of its flow, is very likely to lose some of the benefits.
The subject matter of regulation is preferably the state and the people. The company itself has an interest relationship, so if the regulatory object is set to the state, it will become a part of the country's macroeconomic control. With the participation of the market and the state, the regulatory mechanism should be further improved and improved.
Secondly, you can set up industry self-discipline organizations, such as bicycle sharing associations, etc., to carry out self-discipline management, set industry access thresholds, conduct qualification reviews from time to time, carry out continuous supervision, and establish a credit accumulation mechanism to avoid the situation of taking the previous runner. Among them, it is also necessary to do a good job of honesty and standardization within self-discipline organizations. So that the deposit can be better protected at the beginning of the user's payment. Enhance the credibility of the company and its customers.
Finally, a corresponding reward and punishment system should be formulated. The deposit should be transparent to the public, and the deposit should be reported to the user from time to time. Companies can innovate and develop and use the deposit as a new investment method, and the longer the deposit, the greater the benefit to users. From time to time, corresponding benefits will be given to those users who have a good credit rating for a long time. Take advantage of this to attract users so that the deposit is not fixed but moving
(2) Hold the deposit in trust to a qualified custodian institution. First, identify a trustworthy custodian. Not everyone can trust a qualified custodian, especially if the company is looking for. There is also a certain risk in the custodian institution, and it is necessary to find a notary public and contact the majority of self-media. Under the supervision and control of the media, the deposit is entrusted to the custodian institution, which preserves the user's mental stability to a certain extent.
Second, the composition of the trusteeship is debatable. Ordinary people and self-media people should also participate in proportion. The amount of the deposit should be presented fairly and openly and managed by the staff in the custodian at all times. After all, the ownership of the deposit is still owned by the public. At the level of the civil legal system, through the exploration of the essence of the deposit, it is hoped that the deposit can appear in the law as a formal legal concept, and there are special provisions to regulate it, and the ownership of the deposit is defined. (Yuan Haojie. Master's thesis. Research on legal issues and countermeasures of bicycle sharing deposits[D] China Academic Journal Press, 2018-6-14)
Finally, the lease deposit of the shared property guarantees the performance of the user's unspecified debts, and the scope of the guarantee is not specific. (Tong Yue. Master's thesis. Research on the deposit system of shared material leasing [D] Anhui University Press, 2018-5-19), the company should have a clear understanding of the user's deposit, which is a debt-creditor relationship, rather than a working capital for investment. So, make sure that the security deposit is secured.
(3) Apply the small claims mechanism to the issue of returning the deposit
According to articles 157 and 162 of the Civil Procedure Law and article 168 of the Opinions on Several Issues Concerning the Application of the Civil Procedure Law of the People's Republic of China, it can be clarified that the conditions for the application of small claims procedures are as follows: first, only simple civil cases where the facts are clear, the relationship between rights and obligations is clear, and the controversy is not large; Second, the subject matter of the case must comply with the provisions of the law, that is, the subject amount shall be less than 30% of the average annual wage of employed persons in each province, autonomous region, or municipality directly under the Central Government in the previous year as a reference; 3. Small claims litigation is applicable to sales contracts, lease contracts, service contracts, etc., and where personal relationships, property ownership relationships, intellectual property disputes, and counterclaims are filed by the parties, the small claims litigation procedures are not applicable.