"It is more cost-effective to apply for an annual card at one time" and "400 yuan for one year and 600 yuan for two years"... Prepaid consumption, which is more convenient to pay and relatively cost-effective, has quietly emerged. The Consumers Association of China recently released the "2023 Consumer Rights and Interests Protection Report in the Field of Prepaid Consumption", pointing out that nowadays prepaid consumption covers many consumption areas, but this consumption model has caused more and more disputes, and it is urgent to regulate it by means of the rule of law.

Prepaid consumption refers to the consumption model in which consumers pay a certain amount of money in advance to the operator, and the operator provides goods or services to consumers in batches within a certain period of time in the future in accordance with the contract. 通常分为预付卡消费和无卡式预付消费两种。其中无卡式预付消费可节约成本,但监管难度也更大。

中消协政研部主任皮小林表示,The operator's credit is an important basis for determining whether the prepaid consumption model can survive. 由于预付款项具有付款在先、消费在后的特点,消费者权利的实现依赖于经营者的信用及经营情况,具有较高的不确定性和风险性。

Data shows that in 2023, prepaid consumer dispute cases will mainly be concentrated in the fields of sports, fitness and beauty salons, accounting for 50% and 26.5% of the total number of cases respectively. This was followed by education, training and shopping, both accounting for 7% of the total number of cases.

《报告》分析,目前中国预付式消费领域消费者权益保护主要存在Illegal card application, operator refusal to issue consumption vouchers, poor fulfillment of service promises and disguised price increases, easy card application and difficult refund fees, operator running away 等诸多方面的问题。例如,一些消费者在预付消费后,未达到商家承诺的减肥或美容效果,要求退款但遭拒绝;还有部分商家搬迁至较远的经营场所,导致消费者消费非常不便,由此提出退费请求却遭拒绝等。“预付式消费领域存在的损害消费者权益问题主要与相关立法不够健全、行政监管不够有效、司法保护存在不足、社会共治有待强化等因素具有密切关系。”皮小林表示。

In view of the above problems, the protection of consumers' rights and interests in the field of prepaid consumption in China is constantly being explored. Many places try to legislate, such as Shanxi, Shenzhen and other places of consumer rights and interests protection regulations on the behavior of prepaid operators, the supervision of prepaid funds and so on. Explore source control and strengthen administrative protection. The report points out that the administrative supervision of prepaid consumption behavior will be strengthened in many places. In June last year, various departments in Shenzhen jointly issued the "Shenzhen pilot work Plan for the Promotion of Digital RMB in the Field of prepaid Operation", using new technology to build a long-term mechanism for prepaid operation supervision. This move is expected to reduce the possibility that prepaid funds are misappropriated and operators run away from the technical level. In addition, judicial protection and social protection are working together to safeguard the rights and interests of consumers. In recent years, the people's courts have stepped up the trial of prepaid consumption cases in various fields. Among them, nearly 90% of the cases were won by consumers, effectively safeguarding the legitimate rights and interests of consumers in the field of prepaid consumption. At the same time, the China Consumer Association and local consumer associations attach great importance to the protection of consumers' rights and interests in the field of prepaid consumption, accept and resolve complaints from prepaid consumer groups, and work with relevant departments to create a fund supervision platform. carry out special actions to improve the credit level.

How to better resolve the crisis of trust in prepaid consumption models in the future? Pi Xiaolin said: The first is to improve legislation related to prepaid consumption, refine regulations in each link, and strengthen the burden of proof on operators. The second is to strengthen administrative supervision of prepaid consumption, promote joint rectification, and implement credit constraints and penalties. The third is to increase the intensity of pre-paid consumer judicial relief, reduce consumers 'burden of proof, and establish a working mechanism for the docking of consumer disputes. Fourth, we attach importance to giving full play to the role of consumers 'associations in organizing organizations, gathering the forces of all sectors of society, and promoting social co-governance of prepaid consumption. "Relevant departments should strengthen consumer education in the field of prepaid consumption, disseminate consumption knowledge, strengthen consumer risk warnings, enhance consumers 'awareness and ability to protect their rights, and better help consumers choose reasonable rights when their rights and interests in the field of prepaid consumption are damaged. Ways or means to protect rights rationally." Pi Xiaolin said.

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Author: Emma

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