Research On The Legal Regulation Of The Prepaid Consumer Contract From The Consumer Protection Perspective

The prepaid card spending is a pattern of consumption that consumers pays a one-time fee in advance, and then operator provides them with goods or services in phases, which exists certain risks. Recently there are many cases of bankruptcy and run-away of the issuer of single-purpose prepaid cards, which brings a large loss to consumer, and deserves more and more attention. Problems in the prepaid card spending had yet to be well-solved due to the weakness of market regulation and law stipulation. Thereby, this thesis tries to analyze problems in prepaid card spending from the perspective of consumer protection. Firstly, this thesis discusses current problems in prepaid consuming, analyze the deep causes for existence of those problems, and then by investigating the relevant legal system in Japan and Chinese Taiwan province and drawing on their advisable experience. On the basis of the former analysis, this thesis makes the suggestions on how to improve the legal system of prepaid consumer contract.The thesis includes three parts:The first part is to present problems that consumers are encroached in prepaid transaction, and then analyze the cause, including the phenomena infringing consumers’rights and interests in various stages of the contract, from formation and fulfillment to rescission, renewal and the dispute resolving. And the internal and outer cause analysis.The second part introduces the relevant experience of legal regulation in Japan and Chinese Taiwan Province, and analysis the reference for our country. The rescind system of The Consumer Contract Law of Japan, the industrial association system of The Payment Services Act of Japan, and Particulars should be stated and must not be stated in the Standard Form Contract of Prepaid Transaction of Chinese Taiwan province, are emphatically investigated.The third part is based on the above international experience, this thesis makes suggestion to improve the legal system of prepaid consumer contract. The content is to improve the supervision of prepaid cards, improve the contracting system, performance guarantee system, system of rescission of contract, and the remedies for breach of contract.