摘要
商业预付卡具有契约与金融双重法律属性,本文从金融法视角透析其是不同于货币与银行卡的新型支付结算工具,以商业预付卡法律属性研究为前提,结合我国商业预付卡市场实际问题提出完善金融监管的建议。
Commercial prepaid card has the contractual and financial dual legal attribute,relating to the interests of consumers and the financial order safety respectively. Analyzing from the perspective of contract law commercial prepaid card is the unity of creditor’s right certificate and property certificate,When single purpose prepaid card issuer and merchant do not for one commercial subject, issuer, merchant and consumer three party have the commission contract relationship mutually. From the perspective of the financial law commercial prepaid card is a new type of payment and settlement tool different from money and bank cards. In the premise of commercial prepaid card legal attributes research and combine the China’s commercial prepaid card market real problems to put forward some specific proposals for financial supervision improvement.
出处
《上海金融学院学报》
2015年第1期59-74,共16页
Journal of Shanhai Finance University
关键词
商业预付卡
法律属性
金融监管
制度完善
消费者利益
commercial prepaid card
legal attribute
financial supervision
system improvement
interests of consumers
