| The prepaid card consumption model has become a consumption mode that consumers are accustomed to.Consumers pay a certain fee to the operator first,and then enjoy the product or service.In the actual business process,they have a wide range,rapid development,and frequent disputes.Therefore,it is necessary to prevent the legal risk in the prepaid consumer contract between the consumer and the operator based on the basis of such consumption.Firstly,this paper discusses the legal relationship between the parties in the prepaid consumer contract.The content includes the legal relationship between the cardholder and the card issuer,the legal relationship between the cardholder and the actual operator,and the legal relationship between the cardholder and the card issuer when the identity of the cardholder and the cardholder is inconsistent.Secondly,the article mainly introduces the legal risks existing in the prepaid consumer contract,and analyzes them in the process of contract formation and contract fulfillment.On the basis of clarifying the legal risks of prepaid consumer contracts,the author has compiled relevant regulations on prepaid consumption at the national and local levels,and evaluated the corresponding laws and regulations.Then,from the perspective of legislation,the three main reasons for the legal risk of prepaid consumer contracts are: the lack of targeted legal norms,the imperfect regulatory system,and the imperfect protection mechanism of consumer rights.Thirdly,the article sorts out the advanced experience of prepaid consumer contract supervision in other countries and regions,including provisions on market access,auditing,information disclosure,provisions on prepaid consumption format,prepaid consumer regulation,and prepaid consumer rights protection.The system has four aspects.Finally,the article starts from the two aspects of strengthening the supervision of card issuers and the system of complete consumer protection,and puts forward suggestions on the construction of the legal risk prevention system for prepaid consumer contracts in China.The contents of strengthening the supervision of the issuer’s business behavior include improving the review of market access and the timely publication of information,formulating a unified model of prepaid consumer contracts,ensuring the safety of prepaid consumer funds,and strengthening the follow-up supervision of prepaid consumption patterns.Expand.The perfect guarantee system for card purchasers is mainly discussed from three aspects: giving consumers the right to review,giving consumers the right to withdraw,and establishing the system of inversion of burden of proof. |
