商业预付卡消费纠纷的司法裁判和立法跟进

我国对商业预付卡的监管体系已初步成型,但商业预付卡的新颖性和复杂性仍然使其在实践中产生不少纠纷,也由此引发相关司法实践的种种问题。如:商业预付卡相关规范的效力等级对司法裁判的影响,商业预付卡移转时的权利义务关系判定,商业预付卡合同文本中格式条款的效力认定,商业预付卡债务主体卷款逃跑后的债权人权益保护等等。由此来看,相关立法跟进势在必行,如提升商业预付卡相关规范的效力等级,建立商业预付卡标准合同范本,完善商业预付卡其他配套措施等,以期更好地保护消费者的合法权益。

Judicial Judgment and Legislation Follow-up to the Commercial Prepaid Card Consumption Disputes

The prepaid business regulatory system in our country has been basically formed, however, the novelty and the complexity of the prepaid card business causes many disputes in practice and the results in problems related to the judicial practice, such as the effectiveness of the prepaid business related specification level influence on judicial referee, commercial relations determined the rights and obligations of the transfer of the prepaid card, prepaid card business contract validity of format terms of cognizance, commercial prepaid card debt subject after escaping with the protection of the rights and interests of creditors, and so on. Therefore, it is imperative to follow up the related legislation, such as the improvement of the effectiveness of the prepaid business related specification level, establishment of the commercial prepaid card standard contracts, and the perfection of commercial prepaid card＇s other supporting measures, etc. , so as to better protect the legitimate rights and interests of consumers.