Research On The Protection Of Consumer's Rights And Interests In Prepaid Consumption

Today,the market economy in China enjoys a boom and people's pattern and view of consumption are gradually changing.Not only the material and spiritual pursuits take place of the food and clothing demand more and more,the consumption patterns also change a lot.Then,a new way of consumption named prepaid consumption comes into people's eyes with the rapid development of technological information.Different from the traditional consumption patterns,prepaid consumption means that the consumers pay the merchants a certain amount of consumption in advance and get cheaper goods or service using the prepaid voucher.Though the new pattern can achieve a win-win situation between the consumers and merchants and promote the develop of market economy,it leads to many kinds of disputes.However,the rights of consumers can not be protected after being violated due to the immature consumption patterns,imperfect legal systems and ineffective regulations.Therefore,it is urgent to study how to protect the legitimate rights and interests of prepaid consumers.Focused on the protection of consumers' rights in the prepaid consumption,this paper analyzed the current situation and reasons of consumers'rights and interests in prepaid consumption by doing research on the conception,type,characteristic and nature of prepaid consumption,following the logic of asking questions,analyzing problems and solving problems.Also,the paper studied the experience of abroad counties and regions to make feasible suggestions on how to improve the protection of consumers' rights and interests in prepaid consumption in China.In addition to the introduction and conclusion,this paper is divided into four parts.Chapter 1,this part researched the theory of prepaid consumption.Firstly,prepaid consumption is a kind of consumption patterns that the merchants charges money for some goods and service in advance and issue the consumers prepaid voucher.And the consumers can buy goods or service according to their agreement with a better price.There are many ways to clarify the prepaid consumption though they have a same basic characteristic:it is unilateral risk and double win.Anyhow,the nature of prepaid consumption is consumer service contract.Chapter 2,this chapter introduced the current situation and causes of consumer's rights and interests in prepaid consumption,which summarized different situations that consumers' rights and interests being violated.There are mainly 4 types of violated prepaid consumer rights;the signing of the overlord clause?mandatory spending?operator route?misleading propagand,which seriously damage consumer's fair trade right,discretionary option,security rightand right to know.Through the analysis found that prepaid consumption in the consumer rights and interests of the main reasons for the lack of laws and regulations?the lack of regulatory mechanisms?the lack of credit for operators and the difficulties of consumer rights.Chapter 3,this chapter compared the protection measures of some overseas countries and regions.There is no special law for prepaid consumption in the United States,but it gives specific regulations on different types of prepaid consumption.In terms of regulation,the United States mainly adopts a multi-level decentralized supervision approach,also a complete prepaid consumer protection system is constructed through multiple federal and state laws.As a continental law countries,Japan sets up a special law for consumers' rights and interests in prepaid consumption and supplemented by other relevant laws,constituting security system for consumers in the prepaid consumption.Besides,Japan focuses on the dominant mode of regulation,which regulates operators rather than prepayments.Then,Taiwan area in our country mainly develops demonstration text rules to clear rights and obligations of both parties prepaid consumer.It is a special type of regulatory model,which reducing economic losses of consumers through specialized management.Chapter 4.This chapter came up with suggestions from different views to protect rights and interests of consumers in the prepaid consumption based on some facts in China.First of all,it is important to form the legislation system in prepaid consumption,not only to improve the?Consumer Protection Law?,?Single-use Commercial Prepaid Card Management Approach?in the relevant content,but also to develop a special"?Prepaid Consumption Management Approach?,to create a good market environment.Besides,should improve the supervision system of prepaid consumption,through the administrative law enforcement departments and industry associations,the formation of prepaid consumer internal and external comprehensive supervision system;for the lack of integrity of the operator,put forward the proposal to establish a guarantee system,but also to establish the operator credit Publicity system,a clear operator's disclosure obligationsto improve their honesty consciousness and reduce consumer's risk.Also,the consumer relief system should be improved:standarding prepaid consumer contract format in entity aspect,citing small litigation in procedure,protecting consumers' rights to the most extent.And finally to improve the consumer's own legal awareness,and establish awareness of rights.The innovation point of this article is that starting from the protection of consumers' rights and interests,it is necessary to improve the relevant laws and regulations on prepaid consumption and retrograde regulation in an all-round way.At the same time,the supervision on prepaid consumption should be strengthened and the important role of trade associations should be played So that the whole society will jointly commit itself to the healthy development of the prepaid consumer market.