Study On Protection Of Consumers’ Rights In Prepaid Consumption

Prepayment consumption refers to a carrier by business or the third-party issue prepaid vouchers, consumers pay pre-payments and follow the contract to obtain goods or services in the future, it is a new form of consumption, The new form of consumption, requirements prepaid, is more risk than traditional immediate consumption. The pre-payment brings various bad phenomena when it promotes the economic development and convenient consumption, because of the relevant legal system and the credit evaluation system is incomplete, the consequence causes that the entitlement of consumers could not been protected well. The paper is according to the status of the legal of the Pre-payment consumers, combine practice to analyze the reason,which leads the entitlement of consumers are been violations,according to drawing lessons from America,Japan,Taiwan region, hopes to proposed recommendations for perfecting the rights protection system.In addition to the objective and concluding remarks, the paper is fall into four sections.The first part is to analyze the statues of the legal of the Pre-payment consumers.Defining the consumers are protected by consumer protection law, the consumers are creditors in the consumer contracts of the consumer. Defining the range of the consumers are specifically individual citizens, pointing out that the consumers should enjoy the privacy.Then analyzing the consumers become the consumer of the pre-payment by pre-payment contract.the aim indicates the entitlement, enjoyed by the consumer of the pre-payment, is hard to implementation.The second part reveals what the reason for the violations of consumers and expounds the present situation. Firstly, summing up the situation of the violations of consumers,including violations of the property of the consumers by absconded with the funds;violations of personal information by deliberate revealed; violations of the entitlement of the informed of the consumers by hiding the truth; violations of the entitlement to choose of the consumers by use terms of king. Meanwhile analyzing the problems and causes to find the reason, pointing out that China is short of laws and regulations of the how to protect the entitlement of consumers, the statues of the legal of the pre-payment consumers is not clear;the ability of the consumers is inadequate.The third part is about successful experience of the prepaid consumer rights of protection and inspiration. In turns of prepaid consumer rights of protection to property,there are effective measures for prepaid consumer rights of protection to property by the way of open accounting, balance supervision, delivery guarantee, defining the performance bond of issuing body. In turns of prepaid consumer rights of protection to privacy, America has made Privacy Act; Japan has made The Personal Information Protection Law. In turns of consumer rights of protection to learn the truth, there are effective measures for prepaid consumer rights of protection to learn the truth by the way of defining information disclosure obligation, reporting obligation of issuing enterprise. In turns of prepaid consumer rights of protection to freedom of choice, there are effective measures for prepaid consumer rights of protection to freedom of choice to provide reasons to deal disputes by the way of making standard contract terms. Above these measures provide reference for perfecting the prepaid consumer rights of protection in our country.The fourth part provides the suggestion that how to protect the entitlement of safe,privacy, informed, choose. The main way that strengthening funds supervision, explicating privacy, expanding channel of obtaining information and making the sample of pre-payment contract to protect effectively the entitlement of the pre-payment consumers.