Study On Legal Regulations Of Prepayment Service Contract

As prepayment service consumption springs up, the prepayment service contract gets more and more popular in the market. However, based on the "pay first, consume later" feature of this way of consumption, consumers lose their rights against operators such as the counter-argument right for simultaneous performance and counter-argument right for security the moment the contract is made. In addition, relevant laws and regulations in our country are fragmented, besides that, there are also other problems: flaws in the rule of changing contract subjects, unclear rights and obligations of both parties, imperfect regulations on unfair clauses, lack of stopping rules in prepayment service contract and group-shopping service contract's responsible form in protecting consumer's rights, leading to consumers' unfavorable status in the disputes between two parties, which severely damages consumer's rights. Based upon the above situation, China should enact legislation on prepayment service contract immediately, make detailed regulations on prepayment service contract by setting prepayment consumption contract as a named contract, specifically including improve the rule of changing contract subjects, make clear both parties' rights and obligations, define both essential terms and prohibitive terms in prepayment service contract in order to restrain unfair clauses, make stopping rules in prepayment service contract, built joint liability system for the website and operator if group-shopping service contract does not conform to real situation, and establish performance bond system etc..