A Study On Consumer Protection In Prepaid Consumption

With the swift development of the social fast-paced lifestyle on information age,prepaid consumption has gradually become the consumption pattern which adopted by various operators in market economy activities in recent years for it’s convenience and reciprocity,and it has made customers get better service experience,at the same time,it also brings challenges to the protection of the rights and interests of consumer groups.Depending on credit degree of operators unilaterally,consumers and operators have unbalanced status inherently in the prepaid consumption,and this kind of imbalance has increased especially with the production and application of new things that rely on internet technology such as online payment and virtual electronic card,as a result,infringement problems of prepaid consumer occurred frequently and market order would not be adjusted orderly.Behind chaotic market,larger harm is consumers’ rights and interests are not protected effectively,so it is necessary to maintain the market order from the perspective of strengthening consumer rights and interests protection system.By collating the data of the existing customer complaints and cases in judicial practice,types of infringement of consumers’ rights and interests in current prepaid consumption are found,and it’s mainly about breach of contract and tort because of the absence of contractual safeguard,the rights limit of standard clauses and non-performance of operator,consumers’ rights and interests are really need to be protected for frequent disputes,and then the connotation and characteristics of prepaid consumption pattern,legal relationship and legal nature of prepaid consumption behavior are discussed and understood.The legal relationship in prepaid consumption is related to the participants,in order to avoid complication of the problem after analysis,this thesis regards the fundamental legal relationship,a contractual relationship just between consumers and operators,as the research object to expand on the rights and interests of consumers.The protection research proves that prepaid consumption is actually a new type of consumption contract.Based on the provisions of current laws and regulations and judicial practice,it is found that the primary cause of consumers’vulnerability is that prepaid consumption lacks highly individualized market order regulation law at present.In judicial practice,it is mostly dependent on the judge’s own principles.Under the terms,there is no perfect prepaid consumer protection system.In order to achieve the organic unity of economic democracy,substantive fairness and justice,and overall social efficiency,which is conducive to the effective protection of the interests of prepaid stores and consumers’rights,suggestions are made from the improvement of relevant legal systems and regulatory systems,and consumer rights awareness.By confirming the legal status of the prepaid consumption contract and establishing corresponding rights regime and establishing a supervision system which has strict institution for operator’s application to become card issuers,the association regulation and safety management of funds,a multiple and preventive legal protection system for prepaid consumers’ rights and interests have built,and then the unequal status between consumer and operator can be balanced in the market activity,market order can be maintained and whole social efficiency can be improved.