| 英文摘要 |
In the consumer contract of service by payment in advance, if the standard clauses supplied by the enterprise present the contents that in case of the consumers unilateral termination the prepayment will not be refunded, this falls into the scope of avoidance of standard clauses stipulated by our countrys the Law of Contract and the Law of Protection for Consumers Rights. If consumers terminate the consumption unilaterally without justification which makes it impossible for the services to be provided, the enterprises right on payment should be maintained according to the risk assumption rule of payment in service contract. In case that the consumers duty of acceptance and cooperation has been appointed, the consumers rejection of acceptance would commit liability for breach of contract. The determination on the scope of compensation should be adjusted by the foreseeability rule, contributory negligence rule, mitigation rule and the collateral resource rule. When determining the legal effects for rejection of acceptance, the line should be dropped between the riskassumptionrule and the liability for breach instead of confusion. The mode of thinking via Anpruchsgrundlagen in our countrys juridical practice still need to be strengthened. Despite the fact that this case is notably judged in a wrong way, there exists however still some aspects to be appreciated, and at the same time many problems have been remained to be developed by the legal theory and practice in the future.
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