Research On Legal Issues Of Single-use Prepaid Card Business Regulation Business

On October 10,2019,as one of the "Big Four in English Training",the Weber English training institution suspended a large area of the road(hereinafter referred to as the "Weber Incident"),and the training fees of countless students were not refundable,according to 2019 Shanghai According to information released by the Consumer Protection Association,the Webb incident involved an amount of more than 6 million yuan.This incident once again pushed the single-use prepaid card consumption issue to the cusp of public opinion.In recent years,due to the continuous development of the social economy,single-use prepaid card consumption has developed from traditional industries such as hairdressing,beauty,fitness,etc.to new areas such as renting houses,education and training,but due to the lack of relevant laws and regulations,the lack of supervision,etc.The reason has led to the single-use prepaid card consumption model repeatedly infringing the legitimate rights and interests of countless consumers.This article mainly analyzes the current regulatory rules in China's single-use prepaid card consumption model,compares to a comprehensive multi-purpose prepaid card related rules and regulations,reviews and analyzes the existing single-use prepaid card business rules and regulations,and points out that China's current single-use prepaid card The deficiencies in the card business rules and regulations,and put forward corresponding improvement opinions on the deficiencies of the rules and regulations,so as to strengthen the risk supervision of the single-use prepaid cards in China by the commercial departments,and fully implement the "Administrative Measures for Single-Use Commercial Prepaid Cards."The article structure is mainly composed of four parts.The first chapter of the article first clarifies the definition of single-use prepaid card business.The narrow sense of single-use prepaid card business refers to single-use prepaid card consumption,which means that after the cardholder pays the prepayment to the card issuer,the card issuer delivers the single-use prepaid card to the cardholder,and the cardholder uses it as a voucher,A consumption model that consumes at the actual operator in the agreed manner.The generalized single-use prepaid card business also includes a type of consumption in which the consumer pays the prepayment to the operator in advance in the rental industry and the training industry and receives the corresponding payment voucher.The consumer uses the payment voucher to consume at a specified time and place.mode.This article refers to the single-purpose prepaid card business in a broad sense.Regarding the nature of the single-use prepaid card,first of all,the single-use prepaid card is essentially a credit certificate,and the cardholder is the creditor,who has the right to purchase corresponding goods or services from the card issuer at the prescribed location.Secondly,the bearer list prepaid card is transferable without cause,and the bearer single-use prepaid card is the most common type of prepaid card in real life,so the causelessness is one of the characteristics of the single-use prepaid card.Finally,the single-use prepaid cards are securities and represent property rights.At present,in China,the single-use prepaid card business is generally composed of the main body of the card issuer and the cardholder.The service contract relationship between the card issuer and the cardholder constitutes,but with the continuous development of the single-use prepaid card consumption model,consumers The amount of prepayments that need to be paid in advance continues to rise.As a lender who issues loans to cardholders,financial institutions have entered into a single-use prepaid card consumption model,and the card issuer still forms a service contract relationship with the cardholder.The cardholder And financial institutions constitute consumer credit contract relationships,and card issuers and financial institutions constitute intermediary contract relationships.The single-use prepaid card distinguishes it from cash delivery due to its prepaid nature,because it is issued by a commercial enterprise,it distinguishes it from a multi-purpose prepaid card,and because of its liquidity,it distinguishes it from a debit card,but It is precisely because of the prepaid nature,liquidity of single-purpose prepaid cards and the issuance by commercial enterprises that their risks are greatly increased,but in reality,the supervision of single-purpose prepaid cards is much weaker than that of multi-purpose prepaid cards and debit cards..Chapter II,the thunderstorms of card-issuing companies in the single-use prepaid card consumer market occur frequently,and the single-use prepaid card salespersons have become the hardest hit areas that violate the legal rights of consumers.There are a lot of compliance risks in the single-use prepaid card business due to insufficient supervision of the single-use prepaid card business in my country,and it is mainly due to the “dual-track” supervision model adopted by my country for the multi-purpose prepaid card business and the single-use prepaid card business.Analyze the operation modes of single-purpose prepaid card business and multi-purpose prepaid card business.The risk of single-purpose prepaid card business is no less than the risk of multi-purpose prepaid card business,but compared with the regulatory laws and regulations of multi-purpose prepaid card,single-purpose prepaid card The card is currently only supervised and managed by the Ministry of Commerce in accordance with the “Measures for the Administration of Single-Use Commercial Prepaid Cards”,and there is no financial supervision of single-use prepaid cards.Therefore,the “dual-track” supervision model makes the single-use prepaid card business lack effective supervision.Compliance risk.The third chapter of the article is the core part of the article,which analyzes the compliance risk of single-use prepaid card business in detail.First,analyze the access risk in the single-use prepaid card issuer market,mainly including the filing system and the registered capital system.First of all,for the filing system,the single-use prepaid card business currently adopts an ex-post filing system,but many card-issuing companies have not filed.After comparing the single-use prepaid card filing system with the multi-purpose prepaid card business pre-approval system and the online lending information intermediary post-filing system,it is pointed out that the current single-use prepaid card filing system in China may have an unclear starting time for filing and single-use prepaid The card filing grace period is too long,and the filing institution is only the business department.Secondly,with regard to the registered capital system for single-use prepaid card issuers,many card issuers currently have less than 1 million registered capital.At the same time,compared with the registered capital system for multi-purpose prepaid card issuers,the current single-use prepaid card system lacks the direct regulations for single-use prepaid card issuer registered capital and the low registered capital standard for single-use prepaid card scale issuers.Second,analyze the prudent operating risks of single-use prepaid card issuers,mainly including the single-use prepaid card issuer's fund limit system,single-use prepaid card issuer's fund deposit system and single-use prepaid card business administrative penalty system.First of all,with regard to the fund limit system,many card-issuing companies do not strictly collect prepayments in accordance with the regulations.The current fund limit system only stipulates the fund limit for each prepaid card,but does not specify the limit of the number of prepaid cards that each consumer can purchase.As a result,the system is virtually useless.Secondly,there are too few provisions for the deposit of funds in the single-use prepaid card issuing companies for the fund deposit system,the amount of funds received in advance for the deposit of the single-purpose prepaid card issuers is too small,and the lack of funds in the single-use prepaid card business The lack of supervision and management rules of banks has led many card issuers to use their own funds to squander and embezzle,and may even involve illegal fund-raising and illegal absorption of public deposits.As for the signing of the card purchase agreement system,most card issuers currently do not sign a written card purchase agreement with consumers,which prevents consumers from effectively safeguarding their legal rights.At the same time,compared with the relevant provisions of the multi-purpose prepaid card business,the current single-use prepaid card signing card agreement system still has consumers who lack the relevant legal awareness and cannot actively request the signing of the card agreement,and there is no clear provision to sign the written card purchase agreement,and the format clause is violated.Deficiencies such as the legitimate rights and interests of consumers.And with regard to the card refund system,there are shortcomings such as the unclear provisions of the single-use prepaid card refund system and the lack of the single-use prepaid card redemption system,making card issuers continue to infringe on consumer rights.Finally,regarding the single-use prepaid card administrative punishment system,the current single-use prepaid card administrative punishment system in my country has shortcomings such as too little administrative punishment and lack of punishment for relevant persons in charge of the Ministry of Commerce who neglect to perform the supervision function.Third,analyze the market exit risk of single-use prepaid card issuers.At present,many single-use prepaid cards run away or wantonly withdraw from the market,resulting in consumers being unable to claim their rights.Compared with the multi-purpose prepaid card issuer market exit approval system,my country's single-use prepaid card issuer market exit system has some shortcomings,such as failure to play the responsibility of the supervisory department and the failure to designate specific and clear publicity media.In the fourth chapter of the article,the article puts forward some suggestions for improving the risk prevention mechanism of the single-use prepaid card business in my country.First,the improvement of my country's market access system for single-use prepaid card issuers includes the improvement of my country's single-use prepaid card issuer market filing system and the improvement of my country's single-use prepaid card issuer registered capital system.First of all,to improve the market filing system for single-use prepaid card issuers in my country,specific suggestions are made to adjust the starting time of the single-use prepaid card business filing,adjust the single-use prepaid card business filing grace period,and clarify the single-use prepaid card business filing subject.Secondly,with regard to the registered capital system of enterprises,it is proposed that the registered capital of single-use prepaid card issuers should be separately regulated according to the different types of single-use prepaid card issuers,and the amount of registered capital actually paid by the corresponding issuer should be increased.Second,regarding the improvement of the prudent operation system of my country's single-use prepaid card issuers.First of all,in order to improve China's system for purchasing single-use prepaid card funds,the article proposes that the amount of prepaid cards purchased by consumers should be stipulated on the original basis.At the same time,for the fitness industry,training institutions and renting houses to provide continuous services,it should be strictly limited Opinions on the time span of one-time fee collection.Secondly,for suggestions on improving the regulations for the deposit of funds for single-use prepaid card issuers in China,specific comments include: adjustment of the amount of funds for single-use prepaid card issuers,increase of the limit for single-use prepaid card issuer depository banks,and increase of single-use Supervision and management system for fund depository banks in prepaid card business.Finally,the administrative penalties for the single-use prepaid card business should be increased.This includes increasing the administrative penalties for the single-use prepaid card business and increasing the penalties for the relevant responsible persons of the Ministry of Commerce.Third,regarding the improvement of my country's single-use prepaid card business to protect consumers' legal rights.First of all,it is necessary to improve the system of signing card purchase agreements in the single-use prepaid card business.Specific comments include strengthening consumer legal awareness,clearly stipulating the signing of a written card purchase agreement,and establishing a standard format contract text.Secondly,a single-use prepaid card redemption system should be established,and prepayment redemption clauses should be established in the single-use prepaid card business,that is,consumers of registered prepaid cards can redeem for free after 3 months of card purchase.Finally,establish a single-use prepaid card business related contract system,recognizing the service contract between consumers and card issuers and the relationship between credit contracts between consumers and financial institutions.Fourth,improve my country's single-use prepaid card business card issuer market exit system.For the single-use prepaid card market exit system,we should learn from the multi-purpose prepaid card market exit system,and adopt an approval system,that is,the card issuer must withdraw from the relevant departments to withdraw from the application,and the relevant departments will be allowed to terminate according to the review conditions.