Research On The Legal Risk Caused By Prepaid-card Consumption And The Prevention

Prepaid-Card consumption is a kind of consumption models. It mainly refers to the consumer pays a fee to the operator in advance, and then the consumer can get discounts of goods or services. However, prepaid-card consumption develops unhealthily and disorderly in China. In particular, single-purpose prepaid-card often becomes a tool to encroach on consumers’ rights in use. The main cause is no special laws to control prepaid-card, or no clear departmental regulations to use. In order to safeguard the market economic order, protect the interests of consumers in the field of prepaid-card consumption, how to take effective measures to change undisciplined situation has become a serious problem to be soon studied and solved.Focusing on the legal risk due to no special laws or no clear departmental regulations, I carry out the writing of this paper in accordance with the writing idea of “ask question, analyze and solve problems”. This paper consists of four chapters. The main research includes:The first part is to introduce the general situation of prepaid-card consumption, focusing on analyzing the definition and classification of prepaid-card, the development in current situation. It is to show that prepaid-card consumption can bring positive impact to the economy. Then the first part has a theoretical and practical basis for writing.The second part includes the typical legal risks of the prepaid-card consumption. The legal risks can be classified as three types: the risks of issuance, management, using and safeguarding rights. I will analyze the legal risks with cases by new view.The third part is to analyze the causes of legal risk, including lack of legislation basis, lack of regulation and some factors from society. Moreover, I will combine the relevant domestic legislation and foreign legislation.The fourth part is how to take measures of the legal risk caused by prepaid-card consumption. To be specific, we can deal with risk by means of improving the legal basis to solve the problem of legislation-loss and poor regulation, making relative regulations to solve the typical problem in publishing, operating and rights relief, reforming litigation system to protect consumers’ rights smoothly, strengthening social honesty and legal consciousness to improve qualities of operators and consumers.