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The terms of the the the format of in the the On the Prepaid-style consumer contract

Author: YeBaiJing From: www.yourpaper.net Posted: 2010-06-25 18:28:35 Read:
Abstract: The Prepaid style consumption as a a new type of consumption patterns, to there are many problems in the the in practice, in which the format Terms of is the one of the of the main problems. In this paper, through the analysis of of the the contract in the the and its Terms of format in the Prepaid-style consumption, combined with specific cases, discussions, the the regulation of of the our country legal in this regard, and make recommendations on.
Key words: Release of prepaid--style consumption; the terms of the format; the interests of consumers protection
One or, the the contract

(A) the historical development of of the Prepaid--style consumption
Prepaid--style consumption is the refers to to first paid, post enjoy the the the forms of consumption of of the goods or services. The the the existence of of the Prepaid style consumption is far as early as As at the the specification of the legal to its. From the a historical point of view, Prepaid--style consumption according to the the reasons for its generated by probably can be divided into the three types of: Forced type, the the identity of-type and the trading habits-type.
The first type, the a party to of the Contracting is usually is in the well-placed to take advantage of. In For example, the the Rome set for the opening of the landlords requirements farmers in advance means of paying the rent, to in our country the Tang Dynasty the State of West, Tenancy in "often shalt be Tian" and prepaid lease payments.
The second type is is mainly directed against of the the honorable man of the minority status, This Prepaid--style consumption is the a symbol of of the kind of identity. In the the new type of consumption forms of legal seminar on of responsibility, the Professor Zhu Wei pointed out that the: in the the when of the 17th and 18th centuries of Europe, the family and nobles to The Mediterranean region has escape the the when of the Plaguelands. With the Mediterranean Sea, the, their portion appointed must reach them from the Book Inns you want to with a kind of card is, that is, you want to prove that you are aristocratic. The China Tang and Song period of "Huan Yi School of" the apply for number of the recreational venues card also has of this nature, the the tools of the the the nature of the of the this stage consumer card is not a commercial circulation.
The third the main types of is the the habit of of the generation of in the the the long-term course of dealings, In contrast to the with the credit terms, are kindly requested to pay the cost in advance by the the the party trading in the the pre-consumer. For example, in to there are the is now Share in the the the the acquisition of of the tea raw materials, it is customary, pre-order two kinds. The pre-order is refers to the according to head to sell consultation between the two sides, Prepaid of deposits are. Pre-order lower than the on the cash Offer Price of by at percent or so 20 points. In That is to say, the a party to that transaction in order to to obtain the lower transaction Price while the in advance pay the purchase price.
(B) the the development of the status quo of the Prepaid--style consumption and the reasons for
From the the "Daily Economic News" copy of to incomplete statistics display (in Chinese), as of now, the National pre-paid approved by the products (not including communications, public transport) the market amounted to 3,000 billion yuan, Among them, the only a small part card-issuing institutions to obtain the the Government of departments "card-issuing" qualification .
Pre-paid be able to develop so rapidly, mainly in the following are two reasons for: First of all, the For consumers,. Through the of the possibility that prepayments a certain fee, the consumers go through Prepaid--style consumer card, on the one hand can to facilitate the settlement, do not have to carry a large number of cash, and On the other hand or be able to to obtain the a certain degree of the discounts and deals. Secondly, for the the operators, it. Through the the cardholder's Discounts, preferential to attract the passenger flow, The In addition, it be able to in advance get the the withdrawn from circulation of the pre-sale service purchase price, favorable of funds, reversing the only reveals the depth of, the rapid expand the operation scale, occupation of a greater degree of the consumer market.
The foregoing by two points reasons is just may usually be attributed to one of the following reasons,, as For different industries, the and traders to adopt Prepaid--run mode the reasons for may be not the same. The Prepaid--style consumer in the now on the the market card is mainly is divided into four categories of:
1, monopoly-type service industries, for example, telephone card, electricity card, gas, water cards, etc., this type of similar to the described in above the first case, the two sides to the transaction status is different, of by virtue of its more superior the status of by a party, for the protection the the realization of of its their own interests, obsessive-compulsive the other party is in advance of its commitment delivery obligations. This type of operators in a monopoly position, the limited, the choices available by the consumers, we can only Prepaid.
2, high-grade consumer sites, for example, said Golf Club, this type of is similar to the the The second the the situation of the a symbol of the identity of in as described above, The The purpose of of of this type is not just to In order to are kindly requested to under reflux for the funds in advance, was is even more In order to to the on protect the to participate in to be a member in the the level of the material conditions of the similar of the human environment.
The 3, convenience services industry, such as laundries, beauty shop, appliance repair, a fitness shop,, car wash shop, bath shop and so on, of such services industry generated Prepaid--run mode on the one hand due to consumers the amount of each time consumption is smaller, to adopt the prepaid the-style consumption card to facilitate and the balance sheet; In the other hand, the Once you begin to the this type of industry operators run, the to accept consumers of services increased, his cost-little change in, but the profit is a substantial increase in, so the operators have to tried every way to absorption the more consumers The concessions, discounts and and other methods for the, they often use shall attract customers. This is why While some non-service types of trades that, such as sell snacks, they the amount of-per-transaction, is is is also smaller, far from there is no the high of the convenience services class in the but the the universality of of the Prepaid--style consumer.
4, the network products, For example the using the toll of the anti-virus software and software such as of the, Certain Web sites and the the use of of certain the game costs and so on. Due to network service has a the virtual sex, the the the trust of of business-to-the consumers is less than the the the trust of of the consumer-to-business.
The (three) the the existing problems in the the Prepaid-up in the-consumer
According to the "People's Daily" reported, the the State Administration for Industry and Commerce released news that the to "prepayments consumer trap multi-" has become a one of the the consumer complaints Ten hot in 2008. The the first half of the year, the of 2009, the the Beijing Municipal Bureau of Commerce and Industry 12,315 complaints Report the command center handled a total of complaints from the consumer services class 6 763, accounting for for 43% of the All public complaints lodged with of the, the complaint triggered by the by the among other pre-, pay-per-view consumption, and other, new type of consumption the form of become a hot spot. Since the beginning of this year, the Beijing Municipal Consumers Association system received a the involving various types of pre-paid consumption complaints 372.
The problem of of the Guangxi the interests of consumers Commission for the Conservation of will appear boils down to to on the the following a few points:

1, merchants domineering consumers to choose is difficult. Part of the the operators of to provide advances to consumer services, set in the the provided to the consumer "card" on the are many unreasonable Terms of, to their own be removed from obligations, to increase with the obligations of this consumers of the.
Such as: when the the use of consumer card and coupons BEEN ADVISED OF can not be use at the same time or how much can only be used; in the the the conditions for set on the the use in the time, service the scope of the; the The merchants has a final power of interpretation of and so on, the mandatory requirement for of made ex parte shall, deprived of consumers right to choose and right to fair trade.
2, goods and services quality assurance be is difficult. Part of the the operators of to provide advances to consumer services, in the the the when the increase of of a Member officer, there is no a corresponding increase in the technical and services personnel, In accordance with Venues, Facilities, also there is no a corresponding increase in and so on, resulting in the quality of service to can not guarantee the.
3, suspension of business, go out of business recourse against difficult to. Some of the operators not speak good faith, in the Operating is expected to over within the can not be honored the the closing of the the advances are to be the services provided by, in the is not published to settle the notice, under the the premise of of announcement just walk away, disappear without a trace; consumers can only through civil proceedings. Method of recourse of, the to spend large, the time taken will be long, the cost is high, procedures are complex, but also ability to payment of recourse against in full also remains to be seen.
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