Research On Service-Type Prepaid Consumption Contract

Prepaid consumption as a new way of consumption and commercial payment, has been all over the industry, penetrate all aspects of people's daily lives.This type of transaction, in terms of the operator, it's conducive to the return of funds to lock the customer base; in terms of consumers, they can enjoy discounts and save trading time.Service-type prepaid consumption, as one of the types of prepaid type consumption,the contract has a risk of one-way, non-timely performance, the format of the pre-paid consumer contract, such as the general characteristics.In addition, due to the invisible and"service" as the subject of the contract,the effect of service fulfillment is dependent on the recipient's own attributes, and the judgment of the performance of the service is more ambiguous, which makes the judicial issue of the contract more complicated. With the wide application of service prepaid consumer contracts in the fields of beauty salons, education and training, laundry, fitness and other life services, we need to further study the contract.This article mainly includes three parts: introduction, text and conclusion.There are four chapters in the text, the main contents of each chapter are as follows:The first chapter is the definition of service prepaid consumer contract.In order to clarify the research object of this article, this chapter first takes the form of case introduction,to the operator of the well-known Yongqi beauty salon institutions and Juzhitang rolls out for the background, leads to China's service-type prepaid consumption connotation; and then through the "Contract Law" related to the famous contract comparison,summed up the service some of the salient features of the prepaid consumer contract, such as the one-way risk of the contract, the non-timeliness of the contract performance, the format of the contract terms, the invisibility of the subject matter of the contract and so on.The second chapter is the application dispute of the service- type prepaid consumer contract and the introduction of its legislation.In view of the validity of the relevant"format clause" in the contract,how to deal with consumers unilaterally terminate the contract,the realization and guarantee of the right of refund after the termination of the contract and other controversial point,this chapter studies the existing regulation from the central legislation and the local system.The third chapter analyzes the shortcomings of the application of the service- type prepayment contract in China.This chapter discusses the shortcomings of the contract law from the macro level and the specific operation level respectively .Among them, the macro-level deficiencies include: targeted laws are lack; local introduction of industry self-discipline or model text of the legislative level is low, mandatory is weak and so on.At the specific operational level, it mainly includes the analysis of the defects in the validity of the relevant "format clause" in the contract, the unilateral lifting of the contract and the realization and guarantee of the right of the postponement of the contract.The fourth chapter discusses the perfection of the law of service- type prepaid consumer contract in our country.This chapter aims at the shortcomings of China's service-oriented prepayment contract in the application of law, by drawing lessons from the experience of developed countries and the useful experience of local practice,to conclude - fulfillment - exit - supervision as the main line,the author puts forward some suggestions such as perfecting the contract conclusion system, perfecting the guarantee mechanism, constructing the multiple exit mechanism and perfecting the social supervision mechanism.