A Study On Legal Regulation Of Pre-payment Consumption

In recent years, pre-payment consumption as a new consumption patterns is developingrapidly in our economic and social life,its transaction scale increased year by year,and theindustry system is also being perfected, the social from all walks of life began to pay moreattention to the good development of pre-payment consumption. Nowadays pre-paymentconsumption has been deep into people’s daily life, it is not only facilitates people’s life,butalso stimulates the economic development, and promote the development of the relevantindustries. But in the backside of the prosperity of pre-payment consumption also bring anumber of risks.The events such as the businessman close the door suddenly,or escape withthe consumer’s money occurred frequently,these problems not only harms consumers’ rights,but also affects our country financial security and social stability. Presently, in China, as thereis an absence of an effective legal regulation and the good supervision and managementsystem, which cannot be effectively safeguard consumers’ legal rights and the security of thefinancial order.Thus, it’s important to establish and perfect the legal system of pre-paymentconsumption.In view of the above,,this article through to definition and analysis pre-paymentconsumption, and combined with some foreign legislation experience to put forwardsuggestions and thinking about the rule of law.This paper mainly divided into four parts:The first part is an overview of pre-payment consumption.It mainly clear the concept andcharacteristics of pre-payment consumption, introduces the types of pre-paymentconsumption, discusses the positive value of pre-payment consumption, and analysisproblems and the causes of pre-payment consumption.The second part mainly on the pre-payment consumption regulation and the defect ofthose regulation. expounds on the current regulations,of pre-payment consumption, analysisof the shortcomings of the existing provisions. The third part introduces the experience and the enlightenment of the pre-paymentconsumption legal regulation on foreign,especially describes the legal regulation ofpre-payment consumption in Japan, the United States, Taiwan area,and summarizes theexperience and from them.The fourth part proposes some recommendations to get Chinese legal protection systemabout pre-payment developed and perfected. It mainly following three aspects: what kind oflegislative model to select;how to improve the specific system;how to strengthen the socialsupervision. The choice of legislative mode is mainly between the concentrated in legislationand dispersed legislation.The specific system includes market access system, the releaseprogram system, information disclosure system, market supervision system, market exitsystem, the responsibility and the right to perfect the system of the relief. Social supervisionstrengthening mainly from the construction of credit system, play the function of industryassociations, to enhance consumer protection consciousness.