| At present,the fitness industry is booming under the guidance of General Secretary Xi Jinping’s idea of national fitness,but the problem that cannot be ignored is its long-standing number of complaints.At its core,the prepaid consumption model is the main cause of complaints.In recent years,the rapid development of science and technology has made major changes in the way of consumption,prepaid consumption in China has risen rapidly,for business operators prepaid consumption has the advantages of occupying the market in advance and returning funds;For consumers,prepaid spending can enjoy more benefits and discounts overall.However,due to the expansion of risks such as higher prepayment ratio and higher amount and longer performance cycle after the combination of the fitness field and the prepaid consumption model,the social problems generated by it have far exceeded the advantages brought by the prepaid consumption model itself.Prepaid spending in the fitness field is not new,but at the legal level,it is a new topic.Through the search of many data,it is found that there are almost no studies on the regulation of prepaid consumption in the field of fitness,and most of them are still in the stage of universal regulation of prepaid consumption patterns.From the legislative level,the national unified legislation is lacking,although representative areas such as Shanghai and Beijing have issued relevant regulations on the supervision of prepaid funds in the fitness field in the past two years,and at the same time initially constructed a model contract text to try to guide regulation from the private law level.However,from the perspective of solving the problem of prepaid consumption in the field of fitness nationwide,the applicable rules of these systems are different,the scope of application is narrow,and it is difficult to form systematic and systematic guidelines,which need to be further explored.This paper takes the legal regulation of prepaid consumption in the fitness field as the research object,combines the legislative status of prepaid consumption in the fitness field in China,compares the legal system of prepaid consumption outside the region,and puts forward overall and comprehensive suggestions for the problems caused by prepaid consumption in the current fitness field.In order to provide a certain institutional basis for China to establish and improve the legal system of prepaid consumption in the field of fitness and to protect the rights and interests of consumers.This article is divided into five chapters in addition to the summary and concluding parts:The first chapter is an introduction,which introduces the purpose and significance of the research of the article,and points out the innovation of the selected topic by combing the research situation at home and abroad.The second chapter is an overview of prepaid spending in the fitness sector.This chapter is the basic part of the whole text,clarifying the definition and characteristics of prepaid consumption in the fitness field,and analyzing the necessity of legal regulation of prepaid consumption in the fitness field from the aspects of actual risk and legal risk.The third chapter is the current situation and existing problems of the legal system of prepaid consumption in the field of fitness in China.This chapter takes the system as the main line,focusing on the regulatory status of prepaid consumption cards in the field of fitness in representative regions across the country;It comprehensively analyzes the problems existing in the current system in China,including the issue of institutional guidance at the level of private law,the provision of the cooling-off period system,the issue of regulatory rules,and the issue of performance guarantee mechanism.The fourth chapter examines and enlightens the legal system of prepaid consumption in the field of extraterritorial fitness.After sorting out and examining the legal systems of prepaid consumption in the United States,Japan and Chinese Taiwan,this chapter clarifies that China should standardize the terms of standard contracts,establish the access standards for business operators’ card issuance qualifications,and improve the performance guarantee system.The fifth chapter is to improve the legal regulation of prepaid consumption in the field of fitness in China.According to the problems existing in China’s prepaid consumption regulation in the field of fitness and the enlightenment of the extraterritorial system,suggestions for improvement are put forward from four levels:the establishment of model contracts,the restructuring of the cooling-off period system,the refinement of regulatory rules,and the soundness of the performance guarantee mechanism. |