China Prepaid-consumption Contract Legal Issues Research

The rise and prevalence of prepaid type consumption pattern in China is theinevitable outcome of the rapid development of the national economy andtechnology. The level of economic increase, a direct result of the level ofconsumption growth, people in the consumer focus from whether consumptiontowards how to enjoy a higher quality and more convenient consumption. Prepaidtype consumption patterns that emerge as the times require in this environment, andthe increasingly rapid development of. However, as a new consumption patterns, itsdevelopment is not Everything is going smoothly., its positive side according to thedifferent subjects have different performance. First of all, to consumers, it not onlycan save the consumption of consumer time, meet the fast-paced way of life ofpeople, and compared with the traditional "cash on delivery" transaction mode, canmake consumers enjoy substantial discount, as long as consumers have pre paid cardcan not even take cash out; secondly, to the operator, prepaid type consumption notonly can make the rapid withdrawal from circulation of funds, improve the servicelevel and quality, but also through the prepaid card "locking" fixed customer base,more is a shoot two hawks with one arrow business model. But the negative side isshown in the practice process of the increasingly prominent, these problems reflectedmainly by the operator behavior, such as the operator through the independent choiceof oral contract wantonly large card, use the terms of overlord violations ofconsumer rights, under the guise of borrow for nominal prepaid cards are scams,exaggerated propaganda or false promises of violation of consumer rights, evenbargain the operator reveal consumer personal information violation of consumerprivacy and so on, these acts have seriously disrupted the market economic order,against the legitimate rights and interests of consumers. Therefore, the authorattempts to start from the concept of prepaid type consumption patterns and prepaidtype consumption contract through this article, through the definition of theirrespective concept, origin, development and current situation of understanding, andthe existing laws and regulations of our country on this emerging consumption patterns provisions of the master, and the fundamental reason for the existence ofprepaid type consumption contract problems in China and disputes for in-depthanalysis, combined with the experience of foreign relevant legislation, and finallyput forward in line with China’s national conditions to solve the prepaid typeconsumption contract system improvement suggestions, in order to enable thecombination of legislation and reality better, provide a little reference for solving thedifficulties in enforcement of law.There are three main research methods in the process of writing this paperadopted: the first is the empirical analysis. Through the court case, news reports andother means, to find the reality of life in the consumer in the typical case ofinfringement on the rights of the contract after the prepaid consumption improperand complaints, and in these cases are summarized, and analyse the main reasonconsumers rights infringement and to analyze the defects of prepaid typeconsumption contract system, combined with the foreign relevant legislationexperience, so as to find out the best solution; second is the theoretical researchmethod. The author through to the "general rules of the civil law","contract law","consumer protection law" and other relevant laws and regulations on the researchand analysis, the author concludes the embodiment of prepaid consumption contractsystem in each of the law; the third is the comparative study of law. This is the wholepaper to use a method of writing the most, runs through this paper writing. Theauthor through the analysis and study of the prepaid type consumption contractsystem of domestic scholars, to carry on the analysis of problems from thetheoretical level and practical level, the status of domestic laws and regulations andthe experience of extraterritorial legislation comparison summary, absorb thebeneficial experience from it, and further perfect our prepaid type consumptioncontract system.The author through a period of collection, collation and analysis of China’sprepaid type consumption model data, to use their professional knowledge on thisproblem and formed its own unique insights. The author thinks that the best way toimprove our prepaid type consumption contract system is the establishment of thelegal status of prepaid consumer contracts, namely in the "contract law" specific famous contract dedicated a chapter named prepaid type consumption contract. Onlyconfirmed the legal status of prepaid type consumption contract, the issuing behaviorcan fundamentally regulate the operator, can from the source to protect the legitimaterights and interests of consumers. The author thinks that this solution has importanttheoretical value and practical significance in the study of prepaid type consumptionmode of the. Of course, this is just one of the methods to solve the problems, is animportant method. We also should be combined with the strengthening of nationalsupervision of prepaid type consumption contract and assisted the two methods ofestablishing the system of social norms prepaid consumption of contract, the authorthinks, these three methods complement each other, complement each other, canshow the process of resolving the prepaid consumption problem in the developmentof contract in our country.