自助寄存柜失包与超市责任的法律分析

The Legal Analysis of Consigning Lost and Liability of Supermarket

伴随着超市购物方式的日益流行,超市自助寄存柜失包问题也随之引发了许多法律争议,对超市、顾客的权利义务关系的法律界定迫在眉睫。学术界和实务界对这一问题进行了广泛论证与讨论。本文通过民事法律关系分析得出自助寄存柜使用属于借用而非保管合同法律关系,而且超市存包制度在我国确有存在的必要性和合理性,并进一步设想了超市、顾客各自的具体权利与义务,以期此类纠纷的有效解决,使超市行业在中国经济发展大潮中不断进步和完善。

As popularity of way of shopping in the supermarkets,losing packages because of the supermarket self-service cabinet also initiate many disputable law problems,the supermarkets’and customers’rights and obligating relations is in desperate need.The academic circles and the practical realm have given widespread proofs and the discussions on this question.This article analyzes the civil legal relationship and draws a conclusion that the self-service cabinet of supermarket belongs to borrowing rather than charging contract legal relationship;moreover,the system of saving packages really has the necessities and rationalities in our country.It also has conceived that the supermarket and the customers’ respective concrete rights and the duties to solve this kind of dispute effectually,in order to make the supermarket profession to progress unceasingly in the Chinese economy development flood.