On The Legislative Perfection Of Prepaid Consumption Contract

Prepaid consumption as a new way of consumption and the way,is being accepted by more and more people.What is prepaid consumption?In short,in fact,is a customer can advance consumption model.First of all,for the customer,the need to pay a fee to the business in advance,and then you can perform before and business to determine the agreement to experience or use the business services and merchandise.What areas are prepaid consumption?In recent years,this emerging consumer model has gradually been accepted by people,across a number of areas,covering personal life,work transactions,entertainment and many other aspects.Why is this happen?Because it is a convenience to the customer,so that customers do not have to pay the cash can complete the transaction,to solve the daily out of cash with the trouble,while the card can also be obtained in advance to provide additional benefits;second to help businesses quickly return funds,On the one hand fixed the source,on the other hand can be pre-paid customers to use the cost of re-investment,improve service quality to attract more customers.Whether for customers,or for businesses,prepaid consumption is a widely acclaimed consumer model,to achieve a win-win situation.But at the same time caused by the controversy is also increasing.I surveyed a lot of information,across a certain period of time and a number of geographical,and even from the Consumers Association feedback.Found that in the form of prepaid consumption in the form of damage to the legitimate rights and interests of customers more and more events,showing varying degrees of growth trend.Lack of integrity awareness,exaggerated propaganda,deceive consumers,forced consumption of businesses is widespread.Moreover,for China's legal provisions,the legal mechanism for prepaid consumption is very weak,and even in some respects is completely blank.This discordant situation led to some operators have loopholes can drill,opportunistic damage to the interests of some customers,forming a social bad atmosphere.At the same time for the customer,there is no effective means to safeguard their legitimate rights and most of the lack of relevant legal awareness,which further contributed to this bad atmosphere,forming a certain degree and scope of the vicious circle.Therefore,the legal basis for the pre-paid consumption and the supervision mechanism is necessary to explore and study,less and even to prevent the legitimate rights of both parties to happen,so as to develop a reasonable market order.The article starts from four aspects,sums up a variety of relevant information,in the legal point of view focused on the prepaid consumer contract.The first part:the basic theory of prepaid consumer contract.First,research information,clear the various aspects of the concept.Second,from the information to start to study the terms of the contract,features and attributes.Thirdly,to further study the rights and obligations set forth in its articles.The second part introduces the current situation of China's prepaid consumer contract and the legal problems.First,from the information to start with the current stage of the contract on the various laws and regulations;Second,the contract from the conclusion,implementation,release,and then to the relief of the main problems,such as King terms,fraud,breach of contract and other issues.The third part:the legal summary and inspiration of prepayment contract in other countries.It is expected to help improve the laws and regulations relating to our country,including commercial prepaid cards issued in the United States,prepaid cards issued in Japan and gift vouchers issued in Taiwan,with reference to the laws,regulations and operating models of other countries' relevant contracts.Part IV:Laws and regulations for improving China 's prepaid consumption contract.Summed up the above research results,put forward five points:first,clear the well-known concept and importance,to its famous;second,to determine the appropriate contract signed norms,standardized contract text to protect and regulate both legitimate Rights and obligations;Third,the establishment of contract performance in the operator liability guarantee system,the specific implementation of the mortgage system and the financial guarantee system,do a good job in the early prevention mechanism to prevent businesses in the latter part of the abscondment;Fourth,improve the contract cancellation system;Fifth,innovation and prepaid consumer contract dispute relief mechanism,improve the ex post relief measures can make up for the loss of the parties in time,for example,can be used in the case of consumers,but also in the case of consumers,The liberalization of class action,and the more stringent punitive measures.