Study On The Legal Problems Of Prepaid Card Consumption In Our Country

Prepaid card consumption is a new consumption pattern produced with the developmentof market economy in China. It is also a manager of marketing methods established in Creditmarket mechanisms. Since it was introduced into China from the90’s of last century, prepaidcard consumption has been rapidly developed between operators and consumers. It plays acertain role in promoting the development of market economy in china, inevitably, however,various types of consumer disputes and legal problems followed. Because of the lack anddeficiency of the prepaid consumer-related legal norms and regulatory system, not only theinterests of vulnerable consumers prepaid cards has been infringed, the market economy andsocial management order also negatively affected by a certain degree. Therefore, only dosystematic and comprehensive research on all types of problems that exist in real life and findsolutions path within the existing legal framework, it can better protect the legitimate rightsand interests of consumers, so that the consumer prepaid card play a more active role in thedevelopment of a market economy.This paper will analyze the prepaid card consumptionfrom four aspects.The first part, outline of the prepaid card consumption. Firstly, by introducing a prepaidcard at home and abroad about the legal provisions and theoretical perspectives, to define themeaning of the prepaid card. Next, based on the analysis of the concept of prepaid card andother financial products as well as the difference between a prepaid card on to summarize theproperties of the prepaid card. Finally, summarize the meaning of prepaid card consumption,and elaborate the prepaid card consumption legal relationship through subject, content andobject.The second part, the analysis of prepaid card consumption legal problems and causesexisting in our country. First, the present situation of prepaid card consumption in ourcountry; Second, the main legal problems existing in the prepaid card consumption in ourcountry, including infringes upon the legitimate rights and interests of consumers, causinglegal problems related macroeconomic regulation and control areas, causing unfaircompetition and destroying the market order, etc. Third, the limitations of the relevantlegislation, lack of marketing supervision, lack of credibility operators and consumers ‘poorand lazy self-protection rights are the main causes of consumer prepaid legal issues.The third part, studies on the prepaid card consumption related foreign legislation and their revelations. By studying the extraterritorial legislation related to prepaid cardconsumption, including Japanese prepaid card ticket system and its operation mode, the U.S.commercial prepaid card law regulation and its operation mode and coupon sale regulationlegal system in Taiwan area, so as to provide prepaid legal regulation of the development ofbeneficial reference.The fifth part, some suggestions to perfect the legal regulation of prepaid cards. Theyinclude four aspects: first, modify the "consumer protection law", not only clearly define theconcepts related to prepaid card consumption, but also improve the responsibility of theoperators and consumers with information protection related content. Second, further improvethe prepaid card management approach. Third, improve the system of regulation of prepaidcard, mainly from the regulatory agencies, regulatory way, and regulatory content. Fourth,improve the rights and interests of cardholders’ security guarantee mechanism, including theestablishment of appropriate information disclosure mechanism and establishment a goodprepaid service.