Research On The Legal Regulation Of Prepaid Consumption

With the increasing number of single-purpose prepaid cards,prepaid consumption is gradually accepted by more and more people,but it also brings a lot of problems.The first is that the operator’s main body changes when the prepaid consumption is half carried out,and the operator refuses to provide consumption at this time;Then,after consumers pay in advance,operators’ services shrink significantly,limiting consumers’ choice of services;Finally,consumers who want to return their cards or transfer their cards are rejected by operators.These problems show that there are loopholes in the current legal regulation of prepaid consumption.The main reason for the existence of various loopholes is that China’s existing legal regulations can not meet the current needs of prepaid consumption.On the one hand,the legal norms are old,mostly promulgated decades ago,and no longer adapt to the development of the current era;On the other hand,the new local regulations are general and the legal level is low,and the appropriate regulations can not be used on a large scale.And there are also common defects: consumers’ right to know is not implemented,the regulatory authorities are miscellaneous,the punishment for operators is light,and the application of card refund is unknown.These defects are mainly due to the aggravation of information imbalance in prepaid consumption mode.The embedded unsecured credit function of prepayment transaction and the inequality between consumers and operators.If the law does not protect consumers from the perspective of consumers,limit the rights of operators and increase the obligations of operators,it will be difficult to effectively protect the rights of consumers.According to the relevant provisions of extraterritorial information publicity,capital security and diversified exit of operators,it is concluded that China should learn from the excellent experience of other countries,absorb the excellent system in the current local practice and improve it on the basis of the existing laws.It is suggested to improve the information publicity system,prepaid card fund supervision system and diversified exit mechanism,clarify the supervision subject and corresponding responsibilities,limit the total amount of advance payment issuance,and establish a fund transfer platform.So as to make the interests of consumers and operators reach a relatively balanced state and promote the harmonious and stable development of socialist market economy.