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我国预付式消费方式的规模日渐扩大,预付式消费卡的发行也呈现出覆盖面广、发行量大、增长快速等趋势。预付式消费模式的兴起具有现实基础,但也存在扰乱金融秩序、侵害消费者利益、扩张负面功能等问题,因此加强对预付式消费的法律规制具有重要意义。其一,能维护实质公平。从形式上看,预付式消费是消费者与经营者双方真实意思表示的结果,然而由于预付式消费具有先付性,消费者在购物或消费之前,事先已经支付了对价。在支付对价之后,消费者实际上已丧失了根据经营者的履约情况进行救济的机会。
The scale of China’s prepaid consumption is expanding day by day. The distribution of prepaid consumption cards also shows a wide coverage, large circulation and rapid growth. The rise of the prepaid consumption model has a realistic basis, but it also has some problems such as disrupting the financial order, infringing the interests of consumers and expanding negative functions. Therefore, it is of great significance to strengthen the legal regulation of prepaid consumption. First, it can maintain substantial fairness. Formally speaking, prepaid consumption is the result of the true intention of both consumers and operators. However, due to the advance payment of prepaid consumption, consumers have already paid the consideration before shopping or spending. After paying the consideration, the consumer actually has lost the opportunity to remedy the operator’s performance.