Research On Legal Issues Of The Commercial Prepaid Cards

Prepaid cards consumption patterns as a new trend in China is in rapiddevelopment. Across a wide range of aspects of public life in depth prepaid cards onpeople ’s daily lives and consumption patterns have had a huge impact. Prepaid cardsis small, but its momentum should not be underestimated, its social and economicvalue is unquestionable. However, due to the card issuer cohabitation,mismanagement, coupled with lack of legislative and regulatory addition, thedevelopment of prepaid cards is more chaotic, causing complaints about prepaidconsumer disputes continued. Only Shanghai, the receipt of complaints about prepaidcards disputes Consumers Association in2012as high as over6,700pieces, to bringthe plight of consumer protection.At present, China is in a way to enhance economic development, upgrading ofindustrial structure, transformation of government functions in transition, to achieveeffective and reasonable regulation prepaid for a balanced financial efficiency,financial innovation and financial security, maintaining large sustained and stabledevelopment of economic, social beneficial. In this paper, prepaid consumptionproblems in its analysis of the legal relationship between the consumption patterns ofthe relevant regulatory Extraterritorial Measures comprehensive prepaid consumption,combined with China’s actual seek appropriate legislative and regulatory measures, and guide the healthy development of the prepaid card market.This paper is divided into five chapters:The first chapter, with four prepaid consumption in typical cases start to teaseout the current status quo of China’s seven prepaid consumer disputes: the heavyverbal commitment, light a written agreement; difficult to guarantee the quality ofservice; operators change after spending hard continuation; contract terms and wordgames ubiquitous King; retirement cards, transfer cards difficulties, personal privacyleakage; after a dispute rights difficult.The second chapter of the prepaid cards market, mainly for the development andregulation of the real scan. First, the concept, the type and characteristics of prepaidconsumption analyzed the current situation of China’s four four prepaid marketdevelopment: a prepaid card sales in a huge, growing rapidly; competitive card issuers;prepaid cards and prepaid consumer sector expanded significantly increase inconsumer disputes. The next three sections are the development status and problemsprepaid causes analysis. The last part of this chapter from the general provisions ofthe prepaid consumer to specialized requirements of our current prepaid legalregulation resource assessment and scanning.The third chapter is prepaid consumption patterns are analyzed to define thelegal relationship. Appointment of the current academic theory about that offerpromise that says these types of consumer contracts are elaborate and analytical pointof view, this article concludes with a view to take and the reasons supporting theconsumer contract says.The chapter four, prepaid legal status of extraterritorial regulation considerations.Were pooled and analyzed from the specific provisions of the United States, Japan,Hong Kong and Taiwan on the prepaid card issuance, use, and disputeresolution,summed up their prepaid legal regulation, supervision, and experience inprotecting the interests of consumers, for our prepaid localization of legal regulationof consumer-type construct broaden thinking and ideas.The final chapter, in order to protect the interests of consumers improve ourperspective prepaid market regulation and legal regulation of conception. Established to build and improve legislation, administrative supervision, the three dimensions ofour society to prevent consumer prepaid legal regulation proceed. First, I propose toestablish the legal status of prepaid consumer contracts at the legislative level; clearprepaid consumer legislation in terms of the format specification; expand consumersare prepaid consumer disputes Remedies. Second, improve the access mechanismprepaid cards on administrative supervision, supervision and management mechanismto honor warranties and prepaid consumption. Finally, from the establishment ofprepaid consumer industry associations; improve corporate credit rating; strengthenconsumer rights awareness building and building-wide prepaid consumer rightsprotection system of social protection of these three areas.