Study On Prepaid-Card Consumer Protection

As the way of our economic life has been changing a lot by the development of social and economical area and the improvement of electronic information technology,the consumer’s conception, spending habits and consumption demand also changed. At the same time, facing the huge challenge of market competition, operators have been changing the marketing mode gradually to boosting its market share, expanding its marketing capacity, and reducing their operating costs. The demanding of interests of consumers and operators gives birth to a new way of consumption called Prepaid Card Consumption, which is different from the original consumption of "buy and pay right now". Because needing some kind of form of prepaid voucher to ensure the contract being carried out, so in this new spending, operators give the kind of prepaid voucher to consumers. Now, it’s a kind of commercial tradition that consuming with prepaid voucher. And right now, the consumption voucher exists mainly in the forms of prepaid cards. Therefore, we also called it "prepaid card consumption".With the impulse of economic interests, the need of the market, the technical support, the support of Nation policies, prepaid card consumption market has reached to the hundreds of billions of consumption scale. The consumption market is popular and has great potential. However, it operates positive effects on stimulating consumption, expanding domestic demand and promoting economic development, but it contains the risk of financial, the credit risk, the capital risk, the law risk and so on, putting forward the challenge of the protection of consumers’legitimate rights and interests,and the stability of order of social market’s.In recent years, the problem of prepaid card consumption is manifest; one of them is prepaid card consumption dispute, which has become a big consumption problem. Due to the particularity of prepaid card consumption, the risk is higher than the general consumption’s. While currently, lacking of relevant legislation construction of our country and losing efficiency makes consumer-rights protection in china stuck in trouble. So1think it’s necessary to study on protecting consumer-rights and interests in prepaid card consumption. This article researches on the related problems of protecting consumer-rights and interests of prepaid card consumption, from the angle of consumer protection.This article mainly divided into four parts. The first part is the summarization of prepaid card consumption and prepaid card consumer-rights. The section chiefly defines the concept of prepaid card and introduces the legal nature, the scope and the types of prepaid card; analyses the legal nature of the behavior of prepaid-card consumer and the legal relationship between the legal corpus; at last, definite who is the prepaid-card consumer, and explain the particularity of protection of prepaid-card consumer briefly. And through the real consumptive disputes reflect prepaid-cards consumer protection’s key contents.Through the first part of the summarization, leads to the second part of the articles that the status and predicaments of prepaid-card consumer protection. Although our country using preventive legal norms and remedial legal norms protect prepaid-card consumer from the economic law, civil law, administrative regulations.But under the current legal protection system, there are still lots of practical dilemmas that prepaid-card consumer’s rights always suffer unlawful infringement and hard to proof this and seek remedy through the court. These highlight China’s prepaid-card consumer protection relevant laws and rules is rough, and the legal guarantee of relief is weak sluggish.The third part is about the survey of prepaid-card consumption of USA and Japan, and what we can learn from that. America established the protection system of consumer-rights from madding up lots of special law. Japan legislate to regulate prepaid card business, and then insure consumer-rights be protected well. By introducing, we learn that:China should perfect relevant legislation, improve the prepaid card consumer protection law system, implement prepaid-card consumer rights protection through the capital supervision, information disclosure, the protection of personal information, multiple legal relief and other specific safeguard measures.The fourth part is about the perfection strategies of prepaid card consumer-rights protection. By using the advanced experience of USA, Japan, contacting with the reality of our country, we need to perfect prepaid-card consumer protection law system and specific prepaid-card consumer protection safeguard measures.We could improve the relevant preventive security system, strengthen the relief system to safeguard consumer transaction security, fully enjoy the right to know, achieve even bargain, practical solute the problems that hard to proof suffered unlawful infringement and seeking remedy.Finally, through strengthening supervision of the prepaid-card market and industry self-discipline, regulate market order to create a good consumption environment for the prepaid-card consumers.