Research On The Legal Practice Of Prepaid Consumer Contracts

Prepaid consumption provides convenience for people's consumption activities,but also brought new unease on the transaction security.In the practice field,due to absence the regulation prepaid consumption contract targeted relevant provision,leading to disputes often appear in advance consumption,consumer rights are often violated.When people settle dispute,because of consumers' "prepaid",their in passive and disadvantage status,so had to give in and ended in reconciliation;in the legal action,because of the lack of specific provisions,a judge often tend to mediate,at last,consumers should concession.Therefore,study the advance consumption contract,clarify the legal relationship,it is imminently for protecting consumers interests and balance the interests between the consumer and business in Prepaid consumption contract.The meaning of this study is that,in theory,it can enrich our contract law;in nature,it can promote economic growth in the prepaid consumption,as well as help us solve the problem in the legal practice.The article is divided into five parts.The first part is the introduction.this part introduces types of consumption in advance.The second part,through two cases reflect the type of con-sumer contract law practice problem which is existing in general in our country?region?,that means raise.a question.The third part,from the lack of a written contract between consumers and business operators,the operators use of format terms enroach on consumer rights and interests are common,the operator uses the fraud in violation of consumer rights and interests frequently occurred three sections present consumption contract,they're dispute in advance the status quo,and accordingly find out the reason,namely the current prepaid consumption contract law system is not sound,lack of supervision mechanism,consumer legal conscious is weak.The fourth part,sum up the experience of the United States,Japan and our country?region? Taiwan area in advance consumption regulation part of the contract,we can find the inspiration and significance.The fifth part,in combination with the existing processing way and the reality of our country?region?,on the basis of other country?region? effective experience,put forward proposals to improve the following:will advance consumption contract entitled famous and special provisions,perfect for prepaid consumption contract supervision,establishing social protection system type consumer contract in prepaid consumption contract.