Pre-paid Service Contract Research

Pre-paid service contract is the product of the market economy develops to acertain stage. Its essence is: a credit in the credit market mechanism and consumptionpatterns. Up endemic in our country in the1990s, more and more operators, andplayed a positive role in promoting China’s rapid economic development, but, alongwith the extensive application of pre-paid service contracts, a variety of alsoaccompanied by the development of consumption gradually into public view, theincreasing demands for consumer rights. In order to completely resolve the prepaidservice contract problems, this article from the four-part analysis, pre-paid servicecontract in order to facilitate the rational consumption of this scientific understanding,practical safeguard the legitimate rights and interests of consumers, business prepaidbusiness for positive guidance, appropriate standards, to avoid the negative aspects ofplay to their strengths, to better promote the prosperity and development of themarket economy.This article is divided into four parts:The first part is a pre-paid service contract describes its properties of foreignunderstanding of pre-paid service contracts, summed up the concept of China’spre-paid service contract, and by comparison of pre-paid service contracts and supplycontracts, summary five characteristics of a pre-paid service contract. Namely: Thecontract usually adopt a membership card or prepaid card in the form, theintangibility of the contract the subject matter of the continuity of the performance ofthe contract, the contract price paid in advance, the unilateral nature of the contractrisk.The second part is the analysis of pre-paid service contract carrier from thecarrier concept introduced to the nature of the analysis, the legal nature of themembership card/prepaid card (Gift card) in-depth study obtained, membershipcards/prepaid card (Gift card) is a PI is a card the right securities, debt securities;Pre-paid service contract carrier financial characteristics obtained pre-paid service contract carrier, although the financing function and circulation tool within aspecified range, the means of payment, monetary functions, but its equivalent inmoney, you can law regulation; Carrier is valid and the balance of processing apractical approach.The third part is the analysis of financial risks on the issue of pre-paid servicecontract carrier membership card/prepaid card (Gift card). By comparison with theillegal fund-raising behavior, obtained the release of pre-paid service contract carrierdoes not have the composition of illegal fund-raising charges to see, so issuingpre-paid card behavior is not illegal fund-raising; By pre-paid cards and otherfinancial comparison of the credit instruments, I think someone said that issuingprepaid cards in the current market situation is absurd and can not be established,payment of the prepaid card is just a business consumption patterns and competitionmeans.The fourth part is the pre-paid service contract problems and propose solutions.Beijing pre-paid service contracts of the existing problems and case studies, summedup the pre-paid service contract has the following problems, Namely: the consumer toterminate the back of the card is difficult to improper closure of business operations,the interests of consumers to recover difficult to format the terms of the lack offairness (terms of the King), consumers’ rights to maintain difficult, difficult toconsumption of the store changed hands, the reputation of quality assurance isdifficult, difficult personal privacy The card is easy to transfer difficult, and damageto the interests of the burden of proof is difficult eight. This paper has arisen due tothe above eight issues were analyzed to identify solutions to problems, and safeguardthe legitimate rights and interests of consumers.Pre-paid service contract as long as we are able to solve its own problems, wewill be able to safeguard the interests of consumers, to enable them to better providethe impetus for the development of market economy.