| As a new consumption model,prepaid card consumption has the advantages of achieving multi-win and improving efficiency,which can be regarded as a positive means to boost consumption and promote the development of economic market.Compared with traditional consumption,prepaid card consumption has the characteristics of prepayment,single-bank risk and one-way credit,and there are more problems.Through judicial cases and consumer complaints,it can be seen that in the prepaid card consumption area,there are a large number of bullying terms,operator runs,service shrinkage,refund and other violations of consumers’ right to know,fair trade,free choice,property rights.At present,China has not established a consumer rights protection system for prepaid cards.There are too many rules in principle in law,and there are no corresponding provisions on the operator’s obligation to disclose information and the security of prepaid funds.The problem of comprehensive and prepaid card access mechanisms is inadequate.It is difficult for consumers to prove their rights and to obtain due compensation for their losses.As a kind of consumption contract,prepaid card should be regulated by the "contract law",at the same time,considering the nature of their consumption behavior,should be combined with the "consumer rights and interests protects a law",based on the essence of justice,the asymmetric information theory and the interests of the whole society,learn from the successful experience of foreign countries and parts of our country,from the perspective of consumers’ rights and interests protection for the prepaid card consumer protection,based on both preventive and remedy rules,through the guidance of the law,the supervision of the administrative organs,judicial relief perfect supporting measures for protection of prepaid card consumer rights and interests,on the whole process of prepaid card consumption legal regulation.The research conclusions of the whole process of legal regulation are:through the theoretical analysis of the legal nature and interest ownership of prepaid funds,the problem of refusing refund in practice should be addressed.Legislatively,it pays attention to the protection of information disclosure and fund security,deepens the rights of prepaid card consumers on the basis of the existing right to know,strengthens the corresponding information disclosure and disclosure obligations of business operators,and clarifies the items to be recorded and not to be recorded in the standard contract.Establish a diversified pre-payment fund guarantee mechanism.Specification of prepaid card market cannot leave the administrative organs of the regulation,consumer rights and interests is closely related to the market and orderly development,and so on law enforcement should be on the premise of both security and efficiency,from a regulatory body and scope,market access regulation,financial regulation,management process supervision and credit supervision and so on a reasonable and comprehensive regulation of prepaid card market.Judicature,to actively play the mediation function of consumer associations,consumer associations should initiate public interest litigation,implement the burden of proof inversion,apply punitive damages,and provide protection for consumer rights.The innovation lies in: taking the timeline as the axis,putting forward the substantive improvement of the entire process of legislation,law enforcement and justice on the problems in the consumption of prepaid cards;Gives a new theoretical definition and clarity on the legal nature,discount return and fruit ownership of prepayment in three theoretical dispute points;When perfecting the supervision system,it is necessary to hold the concept of dynamic supervision,make restrictions on the total amount of prepaid cards that can be issued,establish a link with the credit evaluation of the operator,make regular adjustments based on the credit evaluation,and encourage the operator to regulate operations. |
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