Analyzation On The Results Of Prepaid Consumptive Contract

Along with the economic development,efficient and convenient consumption mode was gradually accepted by consumers,prepaid consumptive contract was produced under this background.The prepaid consumptive contract is aimed at providing preferential treatment for consumers,who need to pay for advance payment,then merchant would give them consumer voucher,or consumers could use their identity information to enjoy consumption services once a time or more often.But it is for this trait that there are lots of disputes on the prepaid consumptive contract,such as effectiveness recognition of standard terms,the dispute about consumers being ripped off,etc.There is no special provision about the variation of contract and the contract legal relief right.These characteristics are reflected injudicial case,such as:effectiveness recognition of default responsibility on standard terms;effectiveness recognition of variation of contract;the dispute about consumers being ripped off and the exercising of the contract legal relief right,etc.This paper argues some suggestions to solve the problem about the prepaid consumptive contract by contrastive analysis on the result of relevant cases.For the first question about different cognition of effectiveness recognition of standard terms,this article suggests that the obligation of explanation need meet formal and substantive standards,and explicit interpretation rules of standard terms.For the second question about effectiveness recognition of variation of contract,we should give the consumers the option for continue performance of the contract or terminate of the contract.If the consumers choose the latter approach,there is no liability for breach of contract.For the third question about consumers being ripped off on this contract,this article suggests that affirm fraudulent conduct need meet both objective conditions and subjective conditions,and reverse the burden of proof.For the last question about the contract legal relief right,we need empower the contract legal relief right to consumers within a certain period of time,such as 30 days.Consumer contract include Contract law and Law on Protection of the Rights and Interests of Consumers,law-maker tend to give more protective policy to consumers in the legislation on account of unequal legal status in both parties,so the freedom of contract on the businessman would be restricted.Only by these solutions can we seek a balance between protection of consumer’s legitimate rights and the freedom of contract.