法律志愿服务视角下预付式消费合同纠纷解决路径探究

Research on the Dispute Resolution Path of Prepaid Consumption Contract from the Perspective of Legal Volunteer Service

摘要: 预付式消费是消费者与商家签订服务合同，提前在商家账户中预先存入消费金，延迟享受服务的消费方式。该模式的本意旨在激发市场活力，促进资金流通，让利于消费者。但在实践中，商家的服务方式和水平经常发生重大调整，消费者享受服务的便利性也会大打折扣。我国规定的后悔权在买卖合同中，时限为7日，但在服务合同，没有相关规定。消费者取回剩余未消费的款项，最实用的方式就是通过诉讼解除合同，使商家承认违约行为。但诉讼成本大，即使解除合同，剩余的款项也很难及时追回。商家的强势地位，实际剥夺着消费者的选择权和享受服务的自愿性。本文以健身房退费退卡成功案例，探索服务合同的公益性权利救济道路，整合社会法律资源，降低老百姓的维权成本。

Abstract: Prepayment consumption is a consumption mode in which consumers sign a service contract with a merchant, deposit the consumption money in the merchant account in advance, and delay the enjoyment of the service. The model is supposed to stimulate market vitality, facilitate the flow of money, and make it more beneficial to consumers. However, in practice, the service mode and level of merchants often undergo major adjustments, and the convenience of consumers to enjoy services will be greatly reduced. The right to regret is limited to seven days in sales contracts, but not in service contracts. The most practical way for consumers to get back the remaining unconsumed money is to terminate the contract through litigation and make the merchant admit the breach of contract. However, the litigation cost is large, and even if the contract is terminated, the remaining money is difficult to recover in time. The strong position of merchants actually deprives consumers of the right to choose and the willingness to enjoy services. Based on the successful case of gym refunds and card refunds, this paper explores the way of public welfare rights relief in service contracts, integrates social legal resources, and reduces the cost of rights protection for ordinary people.