Research On Legal System Of Prepaid Consumption Refund

As the economic development and people’s living standard unceasing enhancement, in recent years, the consumption pattern of prepaid gradually gained popularity in people’s life. And With the prosperous development of the prepaid consumption market, the consumption pattern of prepaid that could achieve operators and consumers win-win is recognised by people gradually. But because the prepaid consumption law system has defects, so it produced a large number of prepaid consumption disputes of tort in practice, “the difficult of refund” is one of the most common problem in prepaid consumption disputes has aroused people’s widespread attention. Faced on the difficults and situations of refund of prepaid consumption, prepaid consumers’ refund right how to get the protection of legal system? The prepaid consumption refund system how to get effective operation in practice? These problems have became an important theoretical and practical issue.This paper according to the writing ideal of “ask questions, analyze and solve problems”, through the following four parts are discussed.The first part introduces the judicial cases and introduces related problems. This part by introducing judicial cases points out the situation and reasons of prepaid consumer’s refund tort rights, and trying to explain the features of prepaid consumption and explain these features how to effect refund system. In the end, I will indicate the necessity of establishing prepaid consumption refund system.The second part analyzes current situation of prepaid consumption refund system and problems. This part briefly describe foreign and domestic current legislation of prepaid consumption refund system, by analyzing it to propose problems of current system and to analyze these problems, thus make the process of solve problems have more targeted. This part also shows that prepaid consumption refund system have a series defects in prevention system and regulatory system. The prevention system’s defects mainly reflect some aspects, such as imperfect legislation, management confusion of prepaid money, operators’ transformation confusion and so on. The regulatory system’s defects mainly reflected in the regulatory body is not clear, model contract irregularition and community supervision poverty.The third part completes the prepaid consumption refund system. Related to previous paragraphs, this part proposals suggestions about problems of prepaid consumption refund system. The suggestions are divided into two aspects. On the one hand, improving prevention system mainly through improving relevant legislation, establishing the system of no reason to refund, establishing a third-party guarantees trading patterns and regulating operators’ transformation to achieve. On the other hand, improving regulatory system mainly through clearing regulatory body, formulating model contracts and establishing social supervision to achieve.The last part designs practice operation of prepaid consumption refund system. Basis of previous text, this part regulates practice operation of prepaid consumption refund system, clears and refund situation,program. At the same time, with real fairness point, this part proposes to limit the rights of prepaid consumption refund.