Study On The Legal System Of Prepaid Card Consumption

Prepaid card consumption is a modern social life is a very popular way of consumption.Prepaid card consumer is the consumer prepaid to the operator in the future consumption of funds,the operator to give consumers prepaid card as a right certificate and give some preferential consumption patterns of consumption.This mode of consumption for consumers can save the inconvenience of carrying cash to change and avoid the use of bank cards to pay the security risks,but more importantly,can enjoy the operator to give concessions.For the operator,the benefits of prepaid card consumption can not pay interest on the part of the return of funds and can be part of the long-term stability of customers.This seemingly win-win mode of consumption,due to the prepaid card consumer prepaid,risk a one-way,format and other characteristics,it is easy to cause the operator against the legitimate rights and interests of prepaid card consumer events.Now,prepaid card consumption has become a part of people's lives,operators tend to this consumption model,more and more industries choose to issue prepaid cards.However,the prepaid card consumer has been prepaid to the operator because of its consumption funds,which is often more disadvantaged than the average consumer.Therefore,how to consummate the prepaid card consumer legal system is not only related to the prepaid card consumer's personal interests,but also on the development of China's market economy.With the rapid development of prepaid card consumption patterns,the prepaid card consumption process,there are many violations of the legitimate rights and interests of consumers phenomenon.One is the operators of fraud and false propaganda,operators in order to allow consumers to apply for prepaid cards,often on their own goods or services for false advertising,and even under the guise of issuing prepaid cards in the name of the consumer prepaid funds fraud.The second is the unilateral conduct of the operator can not perform the contract,mainly the operator without authorization to transfer the store,the receiver does not recognize the effectiveness of the original store card,as well as the operator to change the business scope,quality and so on.The unilateral acts of these operators led to the contract can not continue to perform prepaid card,against the legitimate rights and interests of prepaid card consumers.The third is the commitment of the operator is difficult to guarantee the quality of goods or services,prepaid card consumer is based on the integrity of the operator,and our country has not yet established a sound credit system,easy for consumers to prepaid card before and after the operator's attitude if two such phenomena.Fourth,some of the terms of the contract infringe the legitimate rights and interests of consumers,in life,consumers and operators usually do not sign a formal written contract,and operators to give consumers the prepaid card on the format described in the terms of the operator becomes a violation the legitimate rights and interests of consumers of weapons.Prepaid card on the general record,"OUR has the final interpretation," "This card is not lost will not make up" and other provisions against the interests of consumers.The reasons for these problems are summed up in about three,the first is on the prepaid card consumption of the legal system is not perfect,the existing legal provisions directly for prepaid card consumption provisions only "Consumer Protection Law" Article 53,other the legal provisions are too principles,there is no combination of prepaid card consumption characteristics,the law has certain limitations.The second is the lack of effectiveness of regulation,mainly in the regulatory body is not clear,supervision is not enough.Third,consumer rights protection mechanism is unreasonable,and now the way of consumer rights and ordinary civil subject is no difference,the burden of proof is a long time to give up a lot of consumers the main reason for human rights.Prepaid card for the consumer problems,can be improved from the following aspects.One is to improve the legislation of prepaid card consumption,including Prepaid card consumer contract legal status,the contents of the prepaid card must be recorded and can not be recorded,clear the prepaid card issuers of the obligation to inform the "burden of proof inverted" principle,Perfect small litigation system and public interest litigation system.The second is to improve the prepaid card consumer supervision system,including a clear prepaid card issuance process,a clear regulatory body,increase penalties,increase the illegal costs,the establishment of third-party account supervision prepaid card funds,operators to regulate preferential.The third is to establish a sound consumer protection system for prepaid card,including the use of the Internet to build prepaid card consumer insurance,a sound social credit system.