Research On The Rights And Interests Of Prepaid Card Holders

From the1980s until the beginning of this century, prepaid card has been defined as disguised money or vouchers. Until2011,7departments made and the General Office of the State Council forwarded the Opinions of the Departments such as the People’s Bank of China and the Ministry of Supervision on Regulating the Administration of Commercial Prepaid Cards. Then November2012, Ministry of Commerce promulgated "Administrative Measures for Single-purpose Commercial Prepaid Cards (for Trial Implementation)", and The People’s Bank of China promulgated "Administrative Measures for the Prepaid Card Business of Payment Institutions".As the development of the market, the problems of commercial prepaid card holders’ legitimate rights and interests become more and more common. However,most of them can’t be solved well.We find that the absence of the legislation is the major one. When interests of commercial prepaid card holders encroached, the47th of "Consumer Protection Law" is the only weapon.In order to trigger the discussion of thesis, the first part introduces the basic condition of the rights of prepaid caids holders which can’t be protected well.The second part of thesis introduces commercial prepaid cards and the legitimate rights and interests of its holders. Firstly, I analyze the legal nature of commercial prepaid cards. And I analyze their legal relationships. At last, based on the analysis above, I get the specific content of legitimate rights and interests of the cardholders.The third part mainly concerns four phenomenons of infringement of cardholder’s interests. They are businesses deliberately devaluing commercial prepaid cards,"precipitation funds" relevant interests being occupied, Businesses closed making it impossible to consumption, and the "black census" cardholders’ legitimate rights and interests unprotected. Targeting the phenomenon above, the second half is about the existing countermeasures and their problems.The forth part is my thoughts and suggestions about improving China’s commercial prepaid cardholders rights protection legislation. The first half is the discussion of feasibility and necessity. And the second half is about specific suggestions. The fifth part is a conclusion, briefly summarizing all the arguments of this thesis.