Civil Legal Issues Research On Prepaid Consumption

Prepaid consumption mainly exists following questions in practice:indistinct definition legal nature, the chaos in the market due to the lack of the research about the qualification of the issuing body, it also faces series of dispute about transfering and removing.To indistinct definition legal nature,there are offer promise theory, the pre-appointment and appointment theory and consumers service contract theory, this paper argues that this is mainly due to the scholars focus on some stage in the process of prepaid consumption and ignore the overall study of the result.The issuing market chaotic situation mainly show in practice that no matter what kind of market operators, which can be free to the release of the prepaid card, a state department rules and regulations can be evaded, lead to a large number of prepaid consumption problems.On the other hang,the transfer of prepaid card is easy to occur in reality all kinds of disputes, mainly involves the transfer of the prepaid card whether or not notify the operator’s situation and the question of whether transfer effectively.This paper argues that the reason of such dispute happens, mainly because there is no the prepaid card from its type can be divided into registered and bearer and then research respectively.Finally, advance consumption also prone to disputes in lift situation, which mainly includes the lift reason, return the balance.In lifting reason, in addition to our country 《contract law》 provisions of the legal and contract termination, dispute case in practice whether can be removed, this paper argues that the parties shall be comprehensive consideration complete transactions and balance the two sides balance of interests between the two factors, guided by the basic principle of civil activities to specific analysis.As for the balance of computational problems, we should continue to combine termination of the contract of the basic theory, with reference to the current our country some provinces have introduced about the amount of consumption in the text of the prepaid type consumption model calculation method and it is concluded that the rest of the balance amount, to return to the consumers.Prepaid consumption, although there are some problems, as a new way of consumption, for operators and consumers will be able to profit from it, so, it requests us to strengthen the research of advance consumption and give full play to its important role.