The Research On Legal Issues Of Prepaid Service Contract

China's Contract Law enumerates 15 kinds of basic types of contracts,including contract of sales.Prepaid service contract is not among them,though it is very common on our daily life.In order to attract customers consumption,the merchants always launch varieties of membership cards.This consumption is essentially a prepaid service contract relationship between consumers and the operators after the cardholders using membership cards to consume.This article plans to introduce the concept of prepaid service contract from typical cases about prepaid cards in recent years,and devise the research on legal issues of prepaid service contract into four parts.The first chapter introduces the characteristics of the prepaid service contract,including the priority payment and the multiple performance of the contract.The format clause and the unilateralism of the contract risk are alsoincluded.It points out that the main research of this paper is the service type of prepaid contract,and the characteristic of the prepaid service contract adopts the common view.The second chapter discusses the judicial regulation of the prepaid service contract and its shortcomings.It introduces the legal norms applicable to prepaid service contracts,including the provisions of the Consumer Protection Law,the Contract Law and other laws and regulations.The current legal provisions are mainly for the stored value prepaid service contract,less for the service-type prepaid contract.It is difficult to conclude the termination condition in incomplete performance of the contract.We have relief afterwards of the prepaid dispute,but we are lack of the regulation of recharge card issue.The third chapter introduces the legal regulation of prepaid service contracts in other countries,including the experience of the way to recognize the termination condition of the service contract,and the main body of prepaid card issuers and their issuing rules,margin and related guarantee system and supervision system.The fourth chapter puts forward the use of supplementary interpretation Methodists to improve the rules of termination condition of the service.It also points that we need to establish the system of strengthening theregulation of service prepaid card issuance,to standardize the supervision system and introduce the guarantee system.Through the above research,this paper concludes that any new things have their rationality.Rejecting them can not solve the existing problems.The key is to establish the supporting system and perfect the relevant legal regulations so as to promote the economic develop in a healthy way.