Legal Regulation On The Abuse Of Standard Terms In Prepaid Consumption

The development of prepaid consumption is rapidly in our country. All kinds of prepaid cards bring some convenience to consumers, but they also bring great legal risks. There are a lot of consumption disputes because of the irrational use even abuse of standard terms.However, the legal regulation on the standard terms of the prepaid consumption is not perfect at present in our country, and there are lack of effective pre- and post-regulatory mechanisms for the abuse of standard terms used by operators. It is a new issue for judicial practitioners and theorists to how to regulate the use of standard terms in prepaid consumption and how to protect the legitimate rights and interests of consumers. This paper regards the single-purpose prepaid cards as the research object which usually cause most legal disputes in life. In reference on the basis of research results of many predecessors, this paper uses case analysis,comparative research and empirical analysis and other research methods to discuss the legal regulation of the standard terms in the single-purpose prepaid consumption.The first part puts forward cases and problems. By two typical cases it can be found that the standard terms could cause such legal problems in prepaid consumption. Firstly,some standard clauses are in dispute over the effectiveness, which are easily leading to "co-different sentence". Secondly, the effectiveness of prepaid card departmental regulations is lower, which is difficult to be applied in civil cases. Thirdly, there are lack of effective preand post-regulatory mechanisms for the abuse of standard terms used by operators. These problems urgently need more in-depth analysis from the aspect of improving the legal theory and system.The second part introduces the basic theory of standard terms in prepaid consumption. This part focuses on the differences between the standard terms in prepaid consumption and general consumption, and the legitimacy foundation of the use of standard terms. These differences are that standard terms are usually in the form of card, as well as produce long-term impacts and increase risks for consumers. Standard terms played a role in fixing the rights and obligations between the operators and consumers at the beginning of prepaid consumption, and it is possible to reduce transaction costs and improve efficiency. So it has a legitimacy foundation for the use of standard terms in prepaid consumption.The third part describes the situation about the abuse of standard terms in prepaid consumption. This part focuses on reasons of abuse and its effects on consumer rights. There are three mainly reasons that operators are lack of good faith, and consumers are poorly aware of self-protection, and the legal regulation is absent. It is mainly against consumer's rights of knowing information, trading fairly, and terminating contract.The fourth part analysis the legal regulation status and existing problems of standard terms in prepaid consumption. On one hand, the regulations are mainly reflected in the "Contract Law" and the "Consumer Law", and their provisions are more general and lack of relevance. On the other hand, the special legal norms are mainly in the form of departmental regulations, which are in the lower potency level and usually excluded in civil disputes. These regulations obviously can not meet the needs of consumer protection.The fifth part puts forward some suggestions on the legal regulation of standard terms in prepaid consumption. In terms of legislation, the author suggests that it can aggravate the obligation of operators to explain the meaning of standard terms, and establish a two-years limitation system after the validity period, and define the transferability of the prepaid card in the "Consumer Law" judicial interpretation. In the administration of justice,when they exercise discretion according to public order and good morals, judges should take into account the balance of interests between the operators and consumers, and appropriately incline to consumers. In terms of administrative enforcement, it should check the qualifications of operators and improve the access threshold. Define the "shall record matters" and "no record matters" of the standard terms, and clear consequences of the violation of these items mentioned. Establish the filing and publicized system, and the filing time should be shifted to an earlier date before conducting business and relevant information should be announced to the public urgently.