Risks And Precautions Of Prepaid Consumption

Prepaid type consumption patterns as the contract both sides benefit aconsumption mode, in our country, more and more applied to all aspects of life, hasbrought benefits for the consumers convenience, also brought on the capitaloperation for operator improved the flexibility and the viscosity of the customer. Butbecause of the lack of effective law enforcement measures, a large number ofdisputes, rights except lead to mass incidents also appear frequently. These problemsis infringed upon the legitimate rights and interests of consumers, also affects theadvance of the development of the consumer. Based on this, by way of legislation toregulate prepaid type consumption model, the consumer rights protection andagainst unfair competition has become an important topic.Some abroad did better in advance type consumer protection countries, such asJapan, the United States, they are in protecting prepaid consumption has itsreasonable legal provisions. Japan for prepaid consumption law mainly include themarket access system, perfect regulation system, margin system from three aspects,the first risk through strict market access control; Through the government regulation,and secondly industry regulations supervision system to monitor service quality. Bydeposit system to protect transaction security funds; These three aspects are closelycooperate to effectively prevent consumption risk in advance. The United Statesmainly depends on the federal deposit insurance system, information disclosuresystem and funds transfer system to regulate consumption in advance. The federaldeposit insurance system is applied in the field of consumer insurance concept ofpractice, but use range is limited, only guarantee bank financial card issuers, but fornon-financial institutions issuing body, the United States also have funds transfersystem support; While the information disclosure system from another dimension toprotect consumers right to know. The United States is no special legislation of system,but the legal provisions referring to various laws and regulations for prepaidconsumption specification has relatively perfect maturity. Legislation relatively late inTaiwan, but also has some innovation such as the performance security system, to manage system, etc.In fact, every country to develop legal system is considering its social basis andlegal tradition, China is no exception. But since the modern times of the fusion of Thecontinental law system, Anglo-American law system for reference also gradually intotrend and strength increasing. Although belonging to different countries and thetraditional, but for the adjustment of economic relations, in addition to somenational habits and a small amount of national psychological factors, the mostimportant still is the attention to economic relations itself rule, this is the foundationof legislative research and judicial practice. So different countries for the same typeof trading mode and consumption patterns of regulation, the selective legaltransplant is a desirable way. This article from the analysis of a large number ofdisputes caused by prepaid consumption case, this paper uses the method ofcomparative analysis research will advance the concept of consumption, the mainlegal risks, the Japan and American developed countries specification model, etc.,discusses the issue of consumption of risk prevention in advance, to advanceconsumption risk prevention system construction in China put forward the followingideas: first, to establish and to ease market access system; Second, the coexistence ofdiverse funding method established prepaid consumption trading capital safetyguarantee system; Third, establish an effective supervision system; Finally, establishthe credit reporting system of information disclosure system and industry. Constructthe system is to protect consumers legitimate rights and interests, promote thesmooth development of the consumer economy. A deep insight into issues,legislative and judicial practice has important practical significance.