单用途商业预付卡法律关系规制

The Regulation of Legal Relationship of Single-Purpose Commercial Prepaid Cards

单用途商业预付卡是特定企业发行的,仅限于在本企业或本企业所属集团或同一品牌特许经营体系内兑付货物或服务的预付凭证。单用途预付卡持卡人和发卡商家之间存在预付式消费合同关系。从单用途预付卡法律关系入手,分析目前存在的解释权争议、消费者权益保障难、隐私权遭侵害等问题。进而建议,我国可以通过制定行业格式合同、加强企业预付资金管理和隐私保护制度对单用途预付卡中存在的问题进行规范管理。

Single-purpose commercial prepaid card is a prepaid certificate issued by specific enterprise, limited to payment for goods or services within the card-issuing enterprise or the subsidiary group of it or franchise system within the same brand. There are prepaid consumer contractual relationship exists between the single-purpose prepaid cardholders and card issuers. Through analyzing the dispute of the power of interpretation, the difficulty in protection of the interests of consumers and privacy allegedly infringed in this legal relationship, China should formulate format contracts of different industries, strengthen the management of funds which corporate should pay in advance and privacy protection system, to regulate the management of single-purpose prepaid cards.