The Prepaid Consumer Legal Regulation

Prepaid consumer business model originated in the United States and Europe,however its history in our country is not long, it is a brand new business marketingmodel. But in recent years with rapid business development, it becomes veryadaptaple to the requirements of China’s market economy, and its social and economicvalue is undeniable. It is very convenient, which allowing consumers to enjoydiscounts, meanwhile also reducing consumers to carry large amounts of cash, aswell as the safety of funds, so this model has been favored by consumers.As to prepaid consumption, foreign markets have formulated relatively completelegal regulations and have formed the system of protection of the interests ofconsumers. Due to the difference between the general debt and prepaid consumption,the United States, Britain, Japan and Taiwan were formally introduced the concept ofprepaid consumers, and the creation of a form of law provisions designed to protectthe institutional system of the prepaid consumers. The United States has federal law"the Federal Deposit Insurance Act "and" E Rules, the State law "UnclaimedProperty" and "Transfer of Funds the Main Law". In Japan, it exists "Prepaid CardTicket Regulation Act", and its regulatory system of prepaid consumption mainly isconstituted by the "Declaration Registration System","Status Inheritance System","Supervision and Distributors Association system", and "Assurance System, which isa relatively comprehensive patterns regulatory and legal regulation. In Taiwan"Retail Goods (Services) Gift Certificate standard contracts to be documented andshall not record matters" and "electronic ticket issued management regulations", Japancontrol of the revenue agencies, funds limited in size, the margin of Deposition toregulate prepaid consumer Activities.By comparing and inducting the prepaid consumer regulation legislation,administration, judicial system and practical experiences of the United States, Taiwan,Japan and other developed countries and regions, it is of high value to learn fromsuccess and failure of the regulatory prepaid consumption patterns in those countriesand regions, and to explore the legislation, administration, judicial system of legalsupervision, which is in line with the conditions of China。Nowadays in China this research has been scarce and rare, with the respects oflegislation, the scholars research findings, and practices experience. Therefore, based on the accurate positioning of the premise, regulating the prepaid consumptionpatterns, consummating the prepaid consumer’s legal system illustrating the legitimaterights and interests of prepaid consumers, is the essence of the thesis.On this thesis, the author boldly propose the conceive of making the prepaidconsumer law in China that the law should consist in six parts: first, the marketaccess system; second, transaction assurance system; third, the format The contractreview filing system; fourth, the rights and obligations of operators and consumers;fifth, Remedies and liability; sixth, Annex. In addition, according to thecharacteristics of the prepaid consumer contracts, the principle provision of guaranteeis unique: financial institution and management companies in the industry is jointlyresponsible for guaranteeProvisions of national prepaid consumer contract should beunified. At the same time, as to China’s principle on the legislative activities of theprepaid consumption, it should be a combination of national legislation and locallegislation.