Research On Legal Regulation For The Issuing And Using Of Single-purpose Prepaid Card

Single-purpose prepaid card is a win-win marketing mode for operators and consumers, it plays apositive role in revitalizing the market and boom the economy. But the using of a prepaid card is easy tocause encroaching on consumers’ rights, corruption, tax avoidance, disturbing of the country’s financialorder, so it was also criticized widely by people. But single-purpose prepaid card as a mean of payment isno good or evil in terms of its own, it has no direct causal relationship with the above problems, we shouldgive dialectical view of the above problems. The cause of the problem was the lack of legislation andregulation on single-purpose prepaid card and the lack of the whole social credit consciousness in ourcountry. Although we have do some attempts on legislation regulation of single-purpose prepaid card now,such as <Administrative Measures on the Administration of Commercial Single-Purpose Prepaid Cards(for Trial Implementation)>, which is released by Ministry of Commerce. It has been clear about thedepartment in charge of single-purpose prepaid card, established a series of system including of Real-namecard purchasing, Non-cash card purchasing, limited card purchasing and funds depository system, whichhave preliminary builded the regulation system for single-purpose prepaid card. But due to the defect ofthe Measures itself, Legislation purpose on protecting consumers’ rights and cracking down on the crime ofcorruption will be most likely failed. The United States, Japan and Taiwan area of our country all has arelatively mature system of regulation of single-purpose prepaid card, reasonable draw lessons from theadvanced experience of these countries and regions has a great influence on constructing the regulationsystem of single-purpose prepaid card which is in accordance with China’s national conditionsThis article is divided into five parts. The first part describes the concept of single-purpose prepaidcard definition, analyzes its characteristics and essence. The second part discussed the problems existing inthe single-purpose prepaid card consumption in our country one by one, including the encroaching onconsumers’ rights, difficulty of protecting, corruption, tax avoidance, disturbing of the country’s financialorder, and then analyzes the causes of these problems. The reasons consist of the consumers’ awareness ofrisk, honesty lack of operators and the absence of regulation, etc. The third part elaborated the regulationstatus of single-purpose prepaid card in the U.S, Japan and Taiwan area of our country, introduces theirspecific system design of single-purpose prepaid card in detail, analyses the available for good practice inour country for reference. The fourth part introduces the history of single-purpose prepaid card regulation, carefully analyzes the problems of the current specifications. The fifth part puts forward ideas ofsingle-purpose prepaid card regulation in our country, including changing <Law Of The People’s RepublicOf China On The Protection Of Consumer Rights And Interests>, promoting the legislative level andinstituting special regulations of single-purpose prepaid card, such as <Regulations on the Single-Purposeof Commercial Prepaid Card>, formulating industry demonstration contract text, strengthening theself-discipline management of the industry, reforming the way of dispute resolution and decreasing the costof consumer rights protection and so on. The author thinks that the effective regulation of single-purposeprepaid card depends on the specific legislation, effective regulatory measures and the perfect of the relatedsystem.