商业预付卡相关法律问题的研究

Research on Legal Issues Related to Commercial Prepaid Cards

摘要: 近年来，随着我国经济结构不断变化，新的消费方式也随着民间经济的发展而兴起。其中，预付卡消费方式由于其本身所带来的便利性，充值预付卡得到越来越多的商家及消费者的青睐。但在预付卡消费给商家和消费者带来便利的同时，其中隐含的法律问题也层出不穷，亟待解决。例如，某周姓大学生及其舍友，一同在郑州市某健身房办理了一张价值1800元的年卡，三个月后，该健身房由于经营不善倒闭，商家卷款跑路，小周和其舍友无处索赔。诸如此类，商家的行为在法律上如何定性，立法如何规制，消费者如何举起法律的武器维护自身权利，本文将对商业预付卡的定义与特征及其引发的相关法律问题进行研究，为实践中商业预付卡的预防和打击尽绵薄之力。

Abstract: In recent years, with the continuous change of China’s economic structure, new consumption patterns have also emerged with the development of private economy. Among them, due to the convenience brought by the consumption method of prepaid cards, recharge prepaid cards are favored by more and more merchants and consumers. However, while prepaid card consumption provides conven-ience to merchants and consumers, the hidden legal problems are also emerging one after another, which need to be solved urgently. For example, a college student surnamed Zhou and his roommate jointly applied for an annual card worth 1800 yuan in a gym in Zhengzhou City, and three months later, the gym closed down due to poor management, the merchant ran away, and Xiao Zhou and his roommate had nowhere to claim. In this paper, how to characterize the behavior of merchants in law, how to regulate legislation, and how consumers can raise the weapon of law to protect their rights, this article will study the definition and characteristics of commercial prepaid cards and the related legal issues caused by them, so as to make a modest contribution to the prevention and suppression of commercial prepaid cards in practice.