Research On Legal Regulation Of Prepaid Consumption

Prepaid consumption is a kind of payment in advance by the consumer to the operator for a specific amount,and the operator provides the consumer with a certain qualification certificate for consumption,and the consumer enjoys the specific product or service according to the agreed manner and pays it with the balance which linked of this certificate.Prepaid consumption has penetrated into the commercial fields of all sizes in China.It has not only become an effective tool for operators to develop,lock in customer bases,and expand the scale of operations,but also provides convenience and preferential services for consumers.It has created a good win-win situation between operators and consumers.However,a large number of short-term profits have led to illegal business operations and illegal behaviors,illegal phenomena such as capital flight,overlordship clause and shoddy goods are repeatedly prohibited,while the characteristics of prepaid consumption such as the single risk and prepayment make it difficult for consumers to safeguard their rights,lead to frequent disputes between operators and consumers.At present,China's research on prepaid consumption mostly exists in the field of marketing,and this form of consumption is an important means for operators to operate effectively.However,prepaid consumption has a greater impact on the development of social economy,and it is inevitable to play a positive or negative role in the lives of consumers.In the absence of supporting legal regulation and effective regulatory system to regulate the situation,how to develop prepaid consumption in a healthy way is not only a marketing problem,but also a legal issue that needs to be solved urgently.However,the current research in the field of law is still in its infancy,and because of the rapid development of prepaid consumption,the speed and depth of the development of legal research are far behind the times,and the research process has stagnated.How to give consumers effective protection is not only a theoretical topic of economic law,but also an active exploration of legislation and judicial practice.From the perspective of consumer rights protection,the writer studies the topic of this paper through literature analysis,case analysis and comparative study.The paper mainly consists of five parts:The first part is the introduction,including the background and significance of this paper,the current research situation at home and abroad as well as research methods and innovation points.The second part is about the prepaid consumption overview,introduces the meaning of prepaid consumption,clarify the prepaid consumption concepts and related concepts,such as remote shopping,group purchase,consumer credit,then sums up the characteristics of prepaid consumption,including prepayment of the price,the relative identity of the subject and the content of the consumer,and the risk unidirectionality.In addition,this paper introduces the development of prepaid consumption and defines its legal nature.The third part is about the status quo and legal problems of legal regulation of prepaid consumption in China,discusses the present situation of the legal regulation of the prepaid consumption in our country,and legal problems existing in the prepaid consumption in our country including the lack of relevant laws and regulations,the immature regulatory system,the ineffective punishment of bad merchants and consumer rights protection facing to trouble and so on,to clear legal regulating research direction.The forth part is about the extraterritorial consumption legal regulation of extraterritorial consumption and summarizes the relevant enlightenment brought to China.By examining the prepaid consumption-related legal regulations that exist outside the domain,such as the United States,Japan,the European Union and Canada and other countries and regions,through to the relatively mature prepaid consumption law study and reference,in the case of fully considering the situation of our country,summarizes the extraterritorial legislation experience enlightenment to our country.The fifth part is the suggestion of perfecting prepaid consumption laws and regulations,improving prepaid consumption laws and regulations,strengthening prepaid consumption management and supervision,increasing the illegal cost of operators and expanding the ways of consumer rights protection.There are two innovations in this paper.One is to absorb legislative experience by analyzing the differences between China and the United States,Japan,the European Union and Canada on prepaid consumer legal regulation,such as focusing on the supervision of financial security and the protection of consumer rights.The other one is that in response to the legal problems of prepaid consumption in China,to propose targeted solutions,such as improving the relevant provisions of the Consumer Protection Law,improving the access and exit mechanisms,establishing departmental cooperation and coordination mechanisms,and playing new media and the masses.Supervise role,create risk relief fund,etc.The shortcoming of this paper is that the research and analysis of case evidence is not deep,and there may be a lack of comprehensive discussion of legal issues.