预付卡消费之消费者权益保护问题研究

发布时间：2018-04-27 23:58

本文选题：预付卡 + 消费者权益　；参考：《新疆大学》2015年硕士论文

【摘要】：本文从保护预付卡消费者权益的角度入手,结合预付卡和预付卡消费本身的特点来指出预付卡消费者权益受侵害的表现和原因,最后对我国预付卡消费的法律规制提出自己的几点思考和建议。具体分为以下四个部分:第一部分是预付卡消费概述,其中介绍了预付卡及预付卡消费的概念、分类和特点;第二部分是预付卡消费者权益受损的表现,其中分析目前预付卡消费者权益所受到的损害;第三部分是预付卡消费者权益受损的原因。其中从立法保护,行政监管保护,司法保护和消费者协会、行业协会和消费者自身保护等不同角度分析目前我国对预付卡消费者合法权益的保护情况,并指出各种保护机制存在的不足之处。比如立法保护当中比较详细的介绍目前能够用来解决预付卡消费纠纷,规范企业预付卡发行行为的相关法律法规及这些法律法规在保护预付卡消费者权益时呈现出来的缺陷,行政监管保护当中介绍了目前我国对预付卡监管实行的各种行政制度,司法保护现状介绍的是我国现行的预付卡相关现行法律法规之下,预付卡消费者有没有能够有效的保护自身权益及其原因,最后还介绍了消费者协会、行业协会及预付卡消费者对自身权益的保护情况;第四部分是整片论文的重点,是对我国预付卡消费之消费者权益保护机制之完善的几点思考和建议,其中从立法完善、健全执法监管机制和其他配套措施三个角度来提出自己对预付卡发行和预付卡消费法律规制的几点看法,试图能够对更有效的保护预付卡消费者合法权益出自己的一份力。
[Abstract]:From the point of view of protecting the rights and interests of prepaid card consumers, combining the characteristics of prepaid card and prepaid card consumption itself, this paper points out the performance and reasons of prepaid card consumers' rights and interests being infringed. Finally, some thoughts and suggestions on the legal regulation of prepaid card consumption are put forward. Specifically divided into the following four parts: the first part is an overview of prepaid card consumption, which introduces the prepaid card and prepaid card consumption concept, classification and characteristics; the second part is prepaid card consumer rights and interests of the performance, The third part is the reason why prepaid card consumer's rights and interests are damaged. Among them, from different angles, such as legislative protection, administrative supervision protection, judicial protection and consumer association, trade association and consumer protection, etc., the current situation of protecting the legitimate rights and interests of prepaid card consumers in our country is analyzed. And pointed out the shortcomings of various protection mechanisms. For example, in the process of legislative protection, a more detailed introduction is given to the relevant laws and regulations that can be used to resolve prepaid card consumption disputes, standardize the issuance of prepaid cards by enterprises, and the defects of these laws and regulations in protecting the rights and interests of prepaid card consumers. Among the administrative supervision and protection, it introduces the various administrative systems that our country currently implements to the supervision of prepaid cards. The current situation of judicial protection is introduced under the existing laws and regulations related to prepaid cards in our country. Has the prepaid card consumer been able to effectively protect their own rights and interests and their reasons? finally, the consumer associations, industry associations and prepaid card consumers' protection of their own rights and interests have been introduced. The fourth part is the focus of the whole paper. It is a few thoughts and suggestions on the perfection of consumer rights and interests protection mechanism of prepaid card consumption in China. The author puts forward his own views on the issue of prepaid card and the legal regulation of prepaid card consumption from the three angles of perfecting the mechanism of law enforcement supervision and other supporting measures in an attempt to make a contribution to the more effective protection of the legitimate rights and interests of consumers of prepaid card.
【学位授予单位】：新疆大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923.8

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