Thinking On The Legal Regulation Of Prepayment Trading

Prepayment trading as a new business model, are popular with the common between business operators and consumers, for both sides to a lot of benefits, also for economic development, has played a great role in promoting market prosperity. But in real life, the prepayment trading is not as healthy and orderly as people imagine, because of the lack of legal regulation, it is gradually deviate from the original intention, become illegal operator infringes upon the legal rights and interests of consumers, so as to produce a large number of legal disputes. Therefore, this paper from four generous facing to think about the legal regulation of prepayment trading, through to the prepayment trade development present situation and existing problems are deeply analyzed and the anatomy, on the basis of summarize and keep on the successful experience of our country for absorbing foreign advanced methods of regulation measures, for how to effectively to prepay trading legal regulation provides countermeasures and suggestions, so as to improve the prepayment, safeguard the legitimate rights and interests of consumers.This paper mainly divided into four most. The first part, the legal nature and the existing problems of the prepayment trading are analyzed. The prepayment trading means that consumers in the future to obtain goods or service charges paid in advance to the operators, then with the consumer vouchers or provide Numbers which are provided by the operators or a third party, or others can identify prepaid consumer just like consumer identity certificate to purchase of goods or services and settlement. Its legal nature should belong to consumer service class contract. For the moment, the prepayment trading mainly exist unfair format terms, operators exist fraud phenomenon, prepaid expense funds safety and prepay the rights of consumers relief problem and so on. The second part, evaluate and analysis to our country prepaid trade laws and regulations on the current situation.By analyzing found that China’s current legal norms are fuzzy, lack of pertinence, judicial practice is not strong, even though the prepayment trading legal regulation of many places on a lot of beneficial attempt has the very good reference,but on the whole, there is lack of professional law and constraint management mechanism, industry association binding limits etc. The third part, comparative studied on the present situation of the regulation of Japanese and China Taiwan’s prepay trading which prepaid trading regulation more successful. So as to find our country should reference to prepay in trade management main body, the regulatory body, the contents of the contract specifications, industry associations, and other aspects. The fourth part, from the perfect"consumer rights and interests protection law" and "contract law"legal laws and regulations and departmental rules on two big aspects in our country, to put forward the opinion suggestion in the perfection of the legal regulation of our prepayment trading, include the prepayment trading main body of the market access system、implementation of the margin or the third party guarantee system、establish the risk relief fund、 clear regulatory body、strengthen the prepayment fund supervision、 implementation of the demonstration of the contract and strengthen the self-discipline.