电商预付式消费中“跑路”风险的法律防范机制构建研究

Study on the Construction of Legal Prevention Mechanisms for the “Runaway” Risk in E-Commerce Prepaid Consumption

摘要: 在数字经济快速发展背景下，电商预付式消费凭借便捷性与价格优势，广泛渗透于生鲜零售、教育培训等领域，但“跑路”风险频发，如每日优鲜停业致消费者余额无法提现、多地教育机构失联拒退预付款等事件，不仅造成消费者直接经济损失，更严重破坏市场信用体系。本文分析发现，该风险主因在于法律规制滞后碎片化、经营者逐利失范、消费者维权能力弱；同时，现有行政监管地域局限、司法救济事后性、行业自律自愿性等问题，也加剧了风险蔓延。据此，本文从完善预付资金存管等立法、建立多部门协同监管、优化群体性司法救济、构建多元共治格局四方面，提出针对性法律防范机制，以保障消费安全，推动数字经济健康发展。

Abstract: Against the backdrop of the rapid development of the digital economy, e-commerce prepaid consumption has penetrated fields such as fresh retail and education and training with its convenience and price advantages. However, the “runaway” risk occurs frequently—incidents like Missfresh’s shutdown leaving consumers unable to withdraw account balances and many local education institutions disappearing and refusing to refund prepayments not only cause direct economic losses to consumers but also severely damage the market credit system. This paper finds that the main causes of this risk are the lag and fragmentation of legal regulations, profit-driven misconduct of operators, and weak rights protection ability of consumers. Meanwhile, problems such as the regional limitations of existing administrative supervision, the ex post nature of judicial relief, and the voluntariness of industry self-regulation also exacerbate the spread of risks. Based on this, the paper proposes targeted legal prevention mechanisms from four aspects: improving legislation such as prepaid fund deposit management, establishing multi-department coordinated supervision, optimizing group judicial relief, and constructing a multi-dimensional co-governance pattern to safeguard consumption safety and promote the healthy development of the digital economy.