The Legal Regulation Of Prepaid Consumption

With the development of market economy and the innovation of transaction patterns,prepaid consumption has become an important trading patterns.Prepaid consumption has been carried out in all walks of life.Countless consumers try to prepay the consumption pattern and greatly promote the development of this transaction patterns.For consumers,due to the convenient of need not carry cash and enjoy the benefits at the same time,Prepaid consumption becoming an innovative consumption pattern with positive significance.Due to the characteristics of cross transaction,low access threshold and weak legal supervision,the problems of prepaid consumption are endless,mainly in three aspects:Firstly,the issuer of the prepaid card or courier take advantage of information and economic advantages to enter into a format clause with consumers,which infringing the rights of consumer.Secondly,the issuer of prepaid card or courier can collected the money of goods or services in advance.After that,if the occurrence of poor operation or the existence of misappropriating ideas and malicious collapse,which lead to bankruptcy,resulting in consumers can not request for redemption.Third,the issuers,when publicizing,used discount or discount to induce consumers,the attitude of service,however,changed after that.Based on the three issues mentioned above,this paper puts forward the regulatory framework of prepaid consumption by using empirical research methods,comparative research methods,etc.,to study the regulation of prepaid consumption and the regulatory path.Based on that,the regulatory framework and basic rules of prepaid consumption are put forward.The article is divided into four chapters:The first chapter summarizes the existing problems of prepaid consumption.Summing up the statistics of the Consumer associations and the General Administration of Industry and Commerce statistics and the social organization survey data to demonstrate the seriousness of the problem of prepaid consumption,and divided the existing legal system under the prepaid consumption problems into contract issues,capital management issues and information disclosure issues.Analyzing the causes of the problems and the consequences of the problems at the same time.Based on that,it expounds the necessity and possibility of prepaid consumption regulation.The second chapter analyzes the current situation and the system effect of the legal regulation of prepaid consumption in China.This chapter summarizes the legal regulation system of current prepaid consumption from the aspects of national legislation and local legislation.Through theoretical analysis and practical verification,this paper points out the advantages and disadvantages of different levels of normative documents.Based on it,review advanced experience for the improve of the system.The third chapter studies the legal system of prepayment card regulation in the United States,Japan and Taiwan by comparing the research methods.Analyzing the institutional effects of these systems and rules,and the possible reference for the construction of our system.This chapter delves into the relevant legal provisions and specific contents of the United States,Japan and Taiwan,which has a clear outline of extraterritorial experience.Focuses on the above problems and materials,the forth chapter puts forward the regulation ideas to solve the problems existing in the field of prepaid consumption.This chapter focus mainly from the aspects of contract regulation,capital management regulation and information regulation,and studied the key points,which need to solved,in the prepaid consumption regulation,as well as possible regulatory tools,regulatory pathways and regulatory programs,proposing the institutional recommendations for the relevant legal improvement.