西南石油大学学报(社会科学版) ›› 2014, Vol. 16 ›› Issue (6): 35-41.DOI: 10.11885/j.issn.1674-5094.2014.09.03.02

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A Study of Prepaid Commercial Card from the Perspective of Private Law

LIU Sheng   

  1. Research Center of Legal System for China′ s Market Economy,Southwest University of Political Science and Law,Yubei Chongqing,401120,China
  • Online:2014-11-01 Published:2011-11-01

Abstract:

Center of Legal System for China′ s Market Economy,Southwest University of Political Science and Law,Yubei Chongqing,401120,China
Abstract:As a means of payment in prepaid consumption,commercial prepaid cards have stimulated consumption and promoted
economic development. However,there also present various defects. Therefore,the Chinese government has launched
a series of rules and regulations to supervise the use of commercial prepaid cards. Researches on the regulations of commercial
prepaid card are flourishing. Public power is necessary for beforehand regulation of commercial prepaid card,and private right
for post relief of commercial prepaid card is indispensable as well. At present,the regulation of commercial prepaid card in
China is mainly manifested in the supervision of public law enforcement. In terms of private laws,only general rules of Contract
Law and Law on Protection of the Rights and Interests of Consumers are used to maintain the supervision of commercial
prepaid card. Given this,it is necessary to analyze the debtor-creditor relationship,the protection of consumers’ rights and
interests and the establishment of the commercial prepaid card contract from the perspective of private law to strengthen the
post relief of commercial prepaid card.

Key words: new-type consumption mode, commercial prepaid card, private law, multipurpose commercial prepaid card,
consumer protection
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