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Research On Protection Of Consumers’ Rights And Interests In Prepaid Consumption

Posted on:2019-06-29Degree:MasterType:Thesis
Country:ChinaCandidate:S B DouFull Text:PDF
GTID:2416330569496360Subject:Law
Abstract/Summary:PDF Full Text Request
Due to the early withdrawal of funds and the ability to stabilize customers,prepaid cards are highly favored by merchants.Consumers are also attracted by the discounts offered by merchants on prepaid cards,often paying for the goods or services in advance.This model leads consumers to exercise their right to defense while performing the “Contract Law”,and it also creates an unequal status between consumers and operators.With the emergence of a large number of such phenomena,the amount of complaints from consumers has also increased dramatically.The large number of complaints means that consumers’ rights are frequently violated,which also means that there is a lack of relevant institutional regulations in this industry sector.China’s current protection of prepaid consumption patterns in consumer rights is often mediation and litigation,these are only relevant agencies in general practices when dealing with disputes,not to reduce the occurrence of such phenomena fundamentally.This article aims to analyze the risks and causes associated with consumer rights among prepaid consumption patterns,on the basis of the successful experience from abroad related to the specific combination of China’s national conditions,continue to increase the weight status of consumers,improve our prepaid consumption patterns consumer rights protection system.From the qualification examination of market entities to the management of business processes,to mediation and litigation of disputes,it is reflected in all aspects that the protection of consumers is continuously strengthened and the supervision of business operators is more stringent,which is conducive to the healthy development of the business.The research on improving the prepaid consumer rights protection system mainly consists of the nature and characteristics of prepaid consumption models,the risks faced by consumer rights in prepaid consumption,the protection and defects of existing systems for prepaid consumers,and extraterritorial consumption.The protection and enlightenment of the rights and interests of the consumers in prepaid consumption,and the exploration of the consumer preserving system in the domestic prepaid model explore the five components.The first part analyzes the nature of the emerging nature of the prepayment model,which is the basis for the study of consumer protection systems.The prepaid consumer contract is the medium linking the operator and the consumer.Based on this,it analyzes the unequal relationship between the operator and the consumer in the prepaid consumption model,and distinguishes it from other consumer models that are usually granted by the operator.Situation,and then come to the basic reason for the infringement of consumer rights in the prepayment model is the particularity of the status of the two parties,that is,consumers in this mode is in a position of obvious weaknesses and is always passive.On the basis of the first part,the second part analyzes specific risks such as the risk of business trips,the risk of non-refundable balances,the risk of validity,the risk of transfer card return,and the risk of contract interpretation,which are often faced by consumers,and analyze the risk The reason behind it.The analysis of consumers’ rights and interests is due to the contractual clauses formulated by the operators or the intentional infringement of the operators,and it is specifically classified as the third part of the analysis of existing systems to protect the prepaid consumers.The third part first analyzes the related pre-payment mode regulations in China,and then analyzes the pre-payment consumer protection system.The regulatory analysis of prepayment models is mainly based on the perspective of public law.This angle is to consider whether the existing system can effectively supervise the market access of issuers and related business operations.The protection system for prepaid consumers is to analyze whether the existing legal system can effectively enhance the status of consumers and provide timely relief.The third part also discusses what defects exist in the existing system in constructing the consumer rights protection system and the causes of the defects in combination with the risks faced by consumers.The fourth part discusses the protection of pre-paid consumer rights and interests outside the borders.It mainly analyzes the prepaid commodity voucher system in Taiwan,the protection of prepaid consumers in the EU,and the U.S.security guarantee system for prepayments.In particular,the Taiwanese system has strict regulations on the prepaid commodity transaction process.In the process of improving prepaid consumer rights protection system,China can learn from these advanced foreign systems to formulate a prepaid consumer rights protection system in China.The fifth part is the main proposal to improve the consumer protection system in China’s prepayment mode.The perfect rights protection system can not be separated from the regulation of the main body,can not be separated from the supervision of the transaction contract can not be separated from the relief of consumers.At the same time,the fifth part puts forward the improvement of legal system based on the risks faced by consumers.On the other hand,it focuses on the implementation of the system.Detailed legal norms and reasonable resolution of disputes together establish the basis for rights protection.
Keywords/Search Tags:Prepaid consumption, Consumer, Rights protection, Market regulation
PDF Full Text Request
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