Study On The Prepaid Consumption Contract Legal Regulation In The View Of Consumer Rights Protection

With the rapid development of commodity economy and the increasingly fierce market competition,more and more merchant start to attract and keep their client by lower price,enhanced customized services and continue stable capital.Under this background,the prepaid consumption method,which first show in Europe and USA market,is booming in China’s market in recent years,and thus born prepaid card/membership card has become a new common ‘currency’ for consumers.This new consumption patterns leads a high quality and efficient service for consumers,also benefit the merchant to gather customer and future development funding.But behind the superficial win-win benefits,there are growing large amount of consumer complaints and activities in recent years,consumers do not know where to protect their consumer rights when the some company suddenly go bankrupt overnight.There is a pressing need to study on improving the specialized laws and regulations,and enhance the local law enforcement capability,with the consumers’ rights protection as the starting point.In the point of view of consumer rights protection,this article mainly discussed the fundamental legal rules,default morphology and its remedy methods for prepaid consumption contract.The article includes four chapters: Chapter one introduces the fundamental concept of the prepaid consumption,analysis of prepaid consumption major characteristics,inherent legal relationship,contract characteristics and existing legal resources.Chapter two draw lessons from the enlightenment and experience based on US,Japan,Taiwan and other regions’ relative prepaid consumption legal resource.Chapter three conducted case study,to introduce and analysis the typical default morphology,and corresponding legal risk and consumer protection barrier.Chapter four studies the prepaid consumption rights legal remedy methods,with focusing on three action directions: further strengthen consumption contract in law system;finalize relative contracts law and regulations;and establish whole society protection system.