摘要
我国预付式消费模式近年来的发展已呈泛滥之势,其引发的消费投诉和法律纠纷不断增加,发卡主体混乱,欺诈行为严重,消费者权益受损、隐私被侵,预付式消费已成为都市经济发展的一大隐忧。发卡经营者与持卡消费者之间的法律关系应界定为预付款的消费格式合同关系,建议制定统一的预付式消费格式合同范本,并在合理适用相关法律的基础上创设新制度和新规则。
Development of prepaid consumption patterns in recent years has spread rampantly in china, which causes increasing consumer complaints and legal disputes. Confusion of card issuers, serious fraud,damage of consumer＇s interests and privacy intrusion emerge gradually. Prepaid consumption has become a major problem in the urban economic development. This article will define the legal relation- ship between the card issuers and the cardholders as contract relationship of advance consumer format, and will analyze the main problems and the causes of prepaid consumption. It is suggested to develop a unified contract model of advance consumer format and create new system and new rules on the basis of application of existing laws.
关键词
预付式消费
法律关系
存在问题
法律对策
Prepaid consumption
legal relationship
existing problems
legal measures
