Research On Performance Guarantee System Of Prepaid Card Consumption Contract

In recent years,“prepaid card swallowing money” incident occurs frequently,all over the country,the consumer's property rights are damaged seriously.And consumer complaints to the relevant departments,but can not get the appropriate remedies.It becomes a hot topic in academic that how to protect the consumers' legitimate rights effectively in the prepaid card consumer contracts.However,most academics pour attention into macro perspective to discuss legal protection of prepaid card consumers,pay attention to the solutions of public law,for consumer's targeted protection is not strong;the execution costs are too high.It is of great legal significance to provide performance guarantee in the prepaid card contract.It protects the property rights fully of the consumers;reverse the unequal status of the contracting parties;guideline the prepaid card industry to the safe and orderly development.It shows the principles of fairness,freedom of contract,to encourage trade.Therefore,it is necessary and feasible that our country can set up the performance guarantee of prepaid card consumption contract.Prepaid card consumer contract performance guarantee has been tried in quite a few cities of our country,but the legislation has not been clearly defined.Be faced with legal dilemma of legal blank;the traditional guaranty mode applicability is not strong;the guarantor qualification is not clear;the bearing responsibility of guarantor is fuzzy;the risk of performance guarantee is of absence of monitoring,and so on.Based on the legal environment of china,it is necessary to study the theory deeply of performance guarantee of prepaid card consumption contract's legislative model;guaranty mode;guarantor qualification?liability on guaranties;mechanism of accountability and so on.Refer to the United States,Canada,Japan,Taiwan and other foreign countries and regions' relevant provisions of the legislation,combined with the provisions of China's prepaid card management and performance guarantee system,research analysis and get the conclusion that the performance guarantee of prepaid card consumption contract should be stipulated in law provisions of the prepaid card.And regard it as the obligation into the prepaid card consumer contract;adopt diversified guaranty modes,for the choice of enterprises of different sizes;clear the guarantor qualification access,clarify the scope of its guarantee;further refine the liability of the guarantor;the rules of shared responsibility among guarantors;set up the mechanism of accountability of the prepaid card operator,and so on.Regulating a clear prepaid card consumer contract performance guarantee system,to solve the problem of non uniform application of law in practice,looking forward to provide a feasible analysis of the consumer rights protection in prepaid card consumer contracts.