| Prepayment consumption refers to the consumption mode in which the consumer pays certain amount in advance to the operator for purchasing a product or service,and the operator promises to give the corresponding preferential treatment to the consumer and issues a prepayment voucher,and the consumer enjoys the product or service several times with the prepayment voucher.This mode greatly simplifies the transaction process between the operator and the consumer.In this process,while consumers enjoy the benefits provided by merchants,the prepaid funds on the one hand can enable operators to expand the scale of operation with minimal cost,on the other hand,it is convenient for operators to stabilize the customer source and seize various favorable resources in the consumer market.However,in this consumption mode,only when the consumer pays the corresponding price in advance can the operator issue the consumption voucher,so the consumer often needs to assume more obligations and risks,resulting in many rights and interests,such as the right to fund safety,the right to choose independently and the right to know,which are vulnerable to infringement in the subsequent performance of the contract.In order to protect the rights and interests of prepaid consumers and promote the healthy and orderly development of the business model,it is necessary to explore the protection of consumer rights and interests in prepaid consumption.As a kind of consumer service contract,prepaid consumption contract mainly involves the legal relationship among consumers,operators and certificate issuers.Prepaid consumers belong to the category of consumers,and their rights and interests should be protected by relevant laws.After the contract is established,operators need to provide products or services to consumers in accordance with legal provisions and contract agreements.The legitimate rights and interests of consumers in real economic life are vulnerable to infringement due to the lack of integrity constraints,abuse of format clauses and hidden real information by operators.Protecting the legitimate rights and interests of prepaid consumers is the inherent requirement of the principle of fair trade,the function of the principle of good faith,and the proper meaning of the principle of consistency of rights and obligations.At present,prepaid consumer rights protection lacks perfect prepaid consumption legal norms,there is no sound prepaid consumption supervision model,and there is no reasonable prepaid consumer rights relief mechanism.On the basis of drawing lessons from foreign practical experience,we can construct the relevant system of prepaid consumer rights protection.First of all,it should be optimized and improved from the source.It is recommended to add corresponding provisions under the existing legal framework to regulate prepaid consumer service contracts,improve the system of fair trading rights and right-to-know protection for prepaid consumers,and guarantee their right to choose by giving prepaid consumers the right to unilaterally rescind.After the contract is terminated,the balance in the prepaid card should be returned after deducting the part of the consumed part,giving the non-defaulting party a certain claim.Secondly,we should strengthen the process supervision of prepaid consumption,build a scientific and perfect issuance access mechanism,and improve the integrity and solvency of card issuers in the field of prepaid consumption;clarify the matters that should be recorded and should not be recorded in the prepaid consumption contract,and provide reference for operators in all walks of life to formulate contracts;a certain proportion of insurance premium is charged by a specific financial institution to the issuer to ensure the security of the advance payment;impose strict requirements on the operator ’s information disclosure obligations.Finally,the full implementation of the right of action of prepaid consumers should be guaranteed by implementing the inversion of the burden of proof,establishing collective litigation and improving the punitive compensation system. |
