对会员卡法律关系性质的探究

会员卡源于西方会员制,在高档场所实行,体现身份和地位。根据不同标准,中国会员卡有准入式与非准入式、预付式与非预付式之分类。会员卡与信用卡、公交IC卡不能等同。准入式与预付式会员卡法律关系是继续性合同。准入式下的持卡人既是会员也是成员,其身份具有双重性;而非预付式会员卡法律关系构成两个相互关联且具有一定独立性的联立合同。

On the Nature of the Legal Relationship of the Membership Card

Membership card originate in the western membership,it is suitable to use in the upscale place and reflect the identity and status.In our country,there are different kinds of Membership Cards by different standards,such as the Access Type Membership Card and the Non-access Type Membership Card、Prepaid Membership Card and Non-prepaid Membership Card.Membership Card cannot be equated with Credit Card or the Public Traffic IC Card.The Access Type Membership Card and the prepaid Membership Card are continual contracts.The cardholders of the access type Membership Card have double identity,they are not only the members,but also the personnel.The legal relationship of the non-prepaid Membership Card is a simultaneous contract,which is interrelated and independence.