Research On Online Virtual Assets Inheritance System

Prepaid consumption is not a new consumption model,it has become the main transaction method in the market.Although prepaid consumption is relatively hot,since my country has not made a separate distinction between consumption contracts,consumption contracts will be applied to the transaction concepts and regulations of traditional contracts.However,in consumer contracts,both parties to the transaction are not equal subjects,because there is a structural gap in information and bargaining power between consumers and operators,and consumers may be forced to enter into contracts that they did not want.The existence value of prepaid consumer contract format clauses is to improve transaction efficiency,save costs,and reasonably allocate transaction risks,so as to ensure that both parties to the transaction can obtain the maximum benefit.The normative value of the prepaid consumer contract format clauses is "protecting consumer rights and interests as the core,with the exception of autonomy of will".The current norms of the standard clauses of prepaid consumer contracts in my country are scattered in the laws at all levels,and they have not formed a logical and orderly organic whole.Its limitations include: firstly,the definition of operators and consumers is unclear,and consumer contracts are covered by many contracts.Recognition adds to the barriers.Not only does it hinder the innovation of prepaid consumption-related legislation,but it also increases the workload of the courts and lays the blame for the phenomenon of different judgments in the same case.Secondly,it reminds that the standardization of obligations is serious,which makes it easy to prove that the standard clauses have been included in the contract,and there are some situations in which the prepaid consumption contract cannot be applied.Then there are too many provisions on the principle standard clauses of the prepaid consumer contract,and there is no regulation of individual standard clauses.The standard terms of the prepaid consumer contract can not be described as "three become a tiger".An unreasonable or even invalid clause.When the vast majority of operators set it in the standard clauses of the prepaid consumer contract,it will produce the opposite result-invalid clauses are "effective".The reason is that the regulations on the standard terms are too principled,which makes it difficult for consumers to judge the effectiveness of the standard terms based on the current regulations and discourages consumers’ enthusiasm for rights protection.Then,the supervision regulations all stipulate in the departmental regulations,and the designated administrative agency cannot bear such a heavy workload.In addition,there is a lack of measures and remedial measures to prevent consumer rights from being damaged.Finally,too much attention is paid to the supervision of public power,and the role of private law,justice,and social forces in the field of prepaid consumption in the field of guidance,protection,and education has been ignored.In summary,my country’s current regulations in the field of prepaid consumption have limitations.After referring to the "Consumer Contract Law" of Japan and the "Consumer Rights Protection Law" of Chinese Taiwan,the author believes that Japan and Chinese Taiwan have very advanced experience in this field.Considering practical factors and combining the beneficial experience of Japan and Taiwan’s legislation,my country’s private law framework prepaid consumer contract standard terms can be improved as follows:First,clearly define the operator and the consumer,and determine whether the party is an operator.The main investigation For its "business",to judge whether the party is a consumer or not,it is to examine its "professionalism".The party paying the price in the more special "behavior of opening preparations" should be recognized as a consumer.Secondly,it provides and refines the operator’s prompt obligation standard.In terms of prompt,the prepaid consumer contract format clauses are divided into three grades according to their importance.Different grades of standard clauses correspond to different prompt obligation standards.In terms of explanation,operators not only have to interpret the content of the standard terms in accordance with the requirements of consumers,but also need to proactively provide consumers with explanations of the most advanced standard terms.In addition,the obligation standard should be upgraded in the online prepaid consumption contract.Then it stipulates that the following format clauses shall not be recorded in the prepaid consumption contract: exclude the right to interpret the format clauses;exclude the consumer’s right to transfer creditor’s rights;exclude the consumer’s right to terminate the contract(including the return of the balance);exclude the consumer’s right to report the loss or reissue the prepaid card Rights;exclude consumers’ right to use prepaid cards in non-specific times,styles,and activities;set a validity period;other unreasonable means to restrict consumer rights to achieve a standard clause that violates the principle of good faith.Then,the supervision function is divided,and the issuance registration system is established to give full play to the supervision function.Finally,a status inheritance system and a debt performance compulsory guarantee system were established.The former serves to prevent operators from refusing to perform their obligations or evade responsibility,while the latter is a remedial measure after the occurrence of the above situation.In addition,in order to establish a good prepaid consumption order,the administrative,judicial,and social fields need to set up supporting measures,including strengthening local characteristic legislation,issuing relevant guiding cases,formulating and implementing prepaid consumption contract norms,establishing prepaid consumption associations,Give full play to the Consumer Rights Protection Association.