Research On The Protection Of Consumer Rights In Prepaid Consumer Contracts

Prepaid consumer contract is the consumer in advance to the operator to pay the cost of access to the operator issued by the consumer certificate,by virtue of the consumer certificate,the consumer can enjoy the business division or installment of goods or services to an agreement.Prepaid consumer contract,whether it is for the operators or consumers have brought convenience.For consumers,it can save the cash to find the trouble of zero,but also can enjoy the price concessions.For the operators,can effectively stabilize the source,improve customer loyalty,but also in a short time to raise a lot of money,so as to quickly expand the scale of operation,occupy a larger market to participate in competition.In the prepaid consumer contract,consumers pay the price and enjoy the service does not have the same time,so that the legitimate rights and interests of consumers more vulnerable to infringement,and because of our lack of prepaid consumer contract comprehensive and effective regulation,in the consumer's Legitimate rights and interests are infringed when it is difficult to get effective relief,so the urgent need for China's prepaid consumer contract consumer rights protection mechanism to improve.In this paper,the author first analyzes the concept and characteristics of the prepaid consumer contract,and points out that the prepaid consumer contract has the one-way,the long-term and the long-Sex and the characteristics of the mass of the dispute,it is necessary to carry out special protection of the consumer rights of the prepaid consumer contract,and further analyze the legitimate rights and interests of the consumers at all stages of the prepaid consumer contract.Secondly,it analyzes the specific situation of the consumer rights and interests of the prepaid consumer contract,and points out that there are some problems such as legal protection,weak judicial relief and lack of corresponding market supervision mechanism in the protection of consumers' rights and interests.On the basis of this,the paper studies the consumer rights protection system of the foreign prepaid consumer contract and draws lessons from its useful experience.Finally,it is necessary to perfect the "Contract Law" and "Consumer Protection Law" to clarify the legal status of the prepaid consumer contract,give consumers the right to regret,deepen the consumer's rights in view of the existing problems in the protection of consumer rights and interests in China's prepaid consumer contract.The right to know;to improve the pre-paidconsumer contract of the specialized laws,proposed to establish the issuance system,the funds regulatory system,the development of contract model text,credit evaluation and information disclosure system and other measures;in the use of punitive damages on judicial relief,Responsibility inversion and consumer group litigation system recommendations.