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Legal Supervision Dilemma And Counter Measures Of Single Purpose Prepaid Card Consumption

Posted on:2022-03-02Degree:MasterType:Thesis
Country:ChinaCandidate:J Y LiuFull Text:PDF
GTID:2506306485499064Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of science and technology and the improvement of material living standards,a new consumption model using single-purpose card transactions has emerged.To a certain extent,it stimulated consumption and promoted economic development.The use of single-purpose prepaid cards for transactions on the one hand is conducive to the rapid withdrawal of funds from the operators,on the other hand,it is conducive to the convenience of consumers to obtain discounts,and is generally welcomed by the public.It should have formed a win-win situation for operators and consumers.But on the one hand,as the consumer market for single-purpose prepaid cards continues to expand,market operators begin to occupy a favorable position,and consumer rights are easily infringed.On the other hand,due to the characteristics of single-purpose prepaid cards,disorderly issuance can easily disrupt financial order and disrupt tax revenue.In 2012,the Ministry of Commerce issued the "Administrative Measures for Single-Purpose Commercial Prepaid Cards(Trial)",which preliminarily established a regulatory framework for the single-purpose prepaid card consumer market.However,in practice,due to the large number of card issuers and limited regulatory resources,it is difficult for the regulatory system to play a role in regulating the healthy development of the single-purpose prepaid card market.Infringements on consumer rights and undermining the market economy are still emerging in the market,which shows that the legal supervision of the single-purpose prepaid card consumer market still needs to be improved.My country’s current legal supervision over single-purpose prepaid cards is based on the “Administrative Measures for Single-purpose Commercial Prepaid Cards(Trial)”(2016 Revision)(hereinafter referred to as the Measures)promulgated by the Ministry of Commerce in 2016.They are based on the filing system and the information disclosure system.,Pre-deposited funds management system and other aspects,to build a supervision and management framework for single-purpose commercial prepaid cards.Due to the lack of supporting rules and the lack of compulsory supervision,only relying on the current "Measures" for supervision can not completely deal with the problems of operators disrupting the market economy order in the single-purpose commercial prepaid card consumer market and the difficulty of protecting consumers’ rights.Therefore,in view of the chaos in the single-purpose commercial prepaid card consumer market,combined with my country’s regulatory status quo,summarized the shortcomings of my country’s single-purpose prepaid card supervision system from different angles,and put forward suggestions for improvement.First,start with the basic theory of single-purpose prepaid cards,clarify the nature and types of single-purpose prepaid cards and the necessity of supervision,and clarify the theoretical basis of supervision.Secondly,combine the legal supervision sources and legal supervision system of single-purpose prepaid cards to understand the current status of legal supervision of single-purpose prepaid card consumption in my country,so as to take advantage of supervision to discover regulatory loopholes.Thirdly,the analysis of the problems in my country’s existing legal supervision system is divided into three aspects: the unclear powers and responsibilities of the supervision body,the insufficient coverage of supervision objects,and the imperfect supervision system.Finally,the responsibilities of the clarification of the supervisory body,the comprehensive supervision of card issuers,the strengthening of credit supervision and industry self-discipline measures are adopted to improve the deficiencies in the legal supervision system of single-purpose prepaid cards in my country,and to ensure the healthy and sustainable development of the single-purpose commercial prepaid card market.
Keywords/Search Tags:single-purpose commercial prepaid card, legal supervision, supervision dilemma
PDF Full Text Request
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