Study On The Law Applicable Of The Service Class Prepaid Card Consumption Contract

Prepaid card is the current service consumption areas widespread a form of consumption, it is to pointto consumers in accordance with the requirements of the operator, advance a certain sum, get be issued bythe operator of a prepaid type, consumer can be consumer card to the operators in the future, operator inaccordance with the requirements for the consumer to provide the after service, have the right to directlyfrom the consumer deposit payment to deduct the corresponding amount. Prepaid card consumptioncontract value for consumers in advance, to if the prepaid card voucher as XiaoFeiQuan carrier, continue toperform its obligations, the three characteristics.Practice, prepaid card operators on information, technology and strength in the dominant position, tothe pursuit of self-interest maximization, false advertising fraud often occur in business, selling consumerspersonal information such as infringes upon the lawful rights and interests of consumers. Look from theprepaid card consumption disputes solution, prepaid service class consumer contracts in the process of legalapplication, there are disputes through litigation procedure settlement rate is high, so that the operator is theillegal cost is low; Procedure for filing, evidence, proof standard is high, so that the problems such asdifficult maintenance of consumers’ rights and interests. Investigate its reason, mainly have three: one islegislation for prepaid service class consumer lack of pertinence. Article53of legislation only eliminationmentioned business operators to advance payment obligation and responsibility in the default, issued by theadministrative department "way","opinion" is the administrative regulation, the standard prepaid cardmarket moves, no relationship between prepaid card market operators and consumers. The second is thelack of party autonomy principle. In follow the principle of contract freedom, autonomy, prepaid cardoperators tend to use their own strong position, when the prepaid card consumption legal relationship withconsumers, just type in a prepaid be recorded on a few terms as the contract content, and by operatorsunilaterally preset, consumers lose freedom through consultation.3it is part of the operator lack ofintegrity. Have not set up perfect credit evaluation system in our country, the operators to pursue their owneconomic interests, lack of integrity violation of consumer rights and interests. In view of the problems thatexist in the applicable law, this paper puts forward the legislation should be clear on the prepaid card operator’s specific obligations, launch demonstration contract text, intensify fraud operation of punitivedamages, innovation of dispute settlement mechanism, in the Supreme Court issued the judicialinterpretation, interpretation the related guiding case to guide the application of the law.Article mainly divides into five parts: the first part is the definition of prepaid card consumer contract.This paper introduces the types of prepaid card consumption contract of this part, according to the contractcontent of the different divided into three categories, namely stored value, delivery, service prepaid cardconsumption contract. Prepaid service consumption contract exists in the beauty salon, sports fitnessservice industry, with consumers can enjoy after the advance payment for the operators to providesubstantial discounts or special characteristics, this paper will be confined to the beauty fitness serviceindustry such as the study field. To differentiated by the famous contract and existing, this article with thesafekeeping contracts, installment contracts, contracts, agency contract properties similar to the famouscontract, such as defined in this paper, the author studies on the scope and the object accurately.The second part is the prepaid service class consumption problems and the reasons of the applicablelaw. From the analysis on consumption treatment status quo of the dispute, prepaid card consumptioncontract on the law applicable to exist outside the litigation procedure settlement rate is high, the illegalcost is low, an operator and maintenance by procedure prepaid card consumer rights and difficult problems,investigate its reason, mainly is the lack of legislation in our country for prepaid service consumption thespecific provisions of the contract, the principles of the freedom of mean lack of restriction, caused byabuse of format terms, an operator and the credit system has not been established in our country, theoperator lack of good faith, etc.The third part of the service class analysis of the legal character of prepaid card consumer contract.From the purchase of prepaid card consumption and consumption in two stages, the paper introduces theoffer, acceptance, saying, make an appointment, said this about, service consumer contracts-theperformance of the said, and then proposed that the consumer advance purchase contract has been set up,the cards is only part of the contract to perform in the future, its nature as a service consumer contract.The fourth part is our country and related countries and regions for prepaid service class consumptionof provisions shall be applicable to the contract law. This part introduced the our country civil law, contractlaw, elimination of prepaid card consumption related principle, but there is a lack of specific deficiencies, then looked at the United States, Japan, Taiwan area in our country have special provisions, and comparesthe reference.The fifth part puts forward the perfect service class prepaid card consumer contract law applicableSuggestions. Legislation should be clear specific obligations of the prepaid card operator, such asinformation disclosure obligation, collateral obligation, standardize the format clauses in the contract, on aprepaid card consumption that common format clauses in the contract effectiveness, strengthen operatorsfraud operations when the application of the punitive damages responsibility, innovation prepaid cardconsumer disputes settlement mechanism, a judicial explanation and guidance for instructional casesapplicable law, etc.