| Prepaid consumption has shown economic advantages that are different from general consumption activities.At the same time,it also brings more risks,leading to frequent vicious incidents,which are harmful to consumers and the market.The order has caused a serious impact.This article focuses on the three basic rights of single-purpose commercial prepaid card holders: independent choice,fair transaction rights,and capital security rights,and conducts research on the protection of cardholder rights.The first part of this article is an overview of single-purpose commercial prepaid cards.Specifically,it includes the definition and development of single-purpose commercial prepaid cards,its characteristics,and the necessity to protect the rights and interests of single-purpose commercial prepaid card holders.It focuses on the characteristics of single-purpose commercial prepaid cards,namely,the prepayment of funds and the long-term performance of single-purpose commercial prepaid cards.With multiple times,win-win benefits,and one-way risks,it will pave the way for the protection of cardholders’ rights and interests introduced in the following article.The second part of this article is the protection of single-purpose commercial prepaid holders’ independent choice,the reasons for the damage,and the protection of rights.In prepaid consumption,there are card issuers’ false propaganda,long-term consumption restriction and consumption binding behavior,which has caused serious damage to the cardholder’s right to choose,the main reason is: lack of a protection mechanism for cardholders to withdraw their willingness to consume;there are disputes over the identification of the nature of the cardholder’s termination of the contract.Against the cardholder’s right to choose is impaired.It proposes perfect measures to introduce the right of consumer regret into prepaid consumption,and discusses the exercise method,rationality and feasibility of the right of consumer regret.The third part of this article is the protection of the fair trading rights of single-purpose commercial prepaid card holders.It analyzes the situation of damage to the cardholder’s fair trading rights,the reasons for the damage,and the protection measures for rights and interests.The card issuer’s abuse of unreasonable format clauses and additional conditions for the use of single-purpose commercial prepaid cards violated the cardholder’s right to fair transactions.This is because the operator’s excessive pursuit of economic efficiency has sacrificed the substantial fairness of the contract,leading to the card issuance The procedures are not standardized,and the content of the prepaid consumer contract is unilaterally formulated by the card issuer,which undermines the basis for equal negotiation of the contract.In view of the damage to the fair transaction rights of cardholders,the administrative agencies jointly formulated the improvement measures of the industry model text,demonstrated the rationality and feasibility of the model text,and introduced the common content requirements of the model text.The fourth part of this article is the protection of the security rights of single-purpose commercial prepaid card holders.It analyzes the situation of damage to the cardholder’s prepaid funds,the reasons for the damage,and the protection measures for rights and interests.The damage to the security rights of cardholders in my country is mainly manifested in the fact that the issuer cannot occupy the advance funds in the card due to performance.The new marketing model combining prepaid consumption and financial credit is mainly due to the identification of the ownership of advance funds.There are controversies,and there is insufficient supply of the legal system to ensure the security of funds received in advance.In view of the damage to the cardholder’s property security rights,it proposes perfect measures to establish an advance fund custody system,and introduces the custody process when the cardholder pays with existing funds and credit funds. |
