快递行业习惯的制度演化与法律规制

System Evolution and Legal Regulation of Express Industry Customs

快递行业的迅速发展导致纠纷的急剧增加,在诸多纠纷中,快递业往往以"行业习惯"作为免除自身责任的理由。针对消费者反映强烈的一些问题,以"习惯"为理由显然不能为快递业开脱。通过考察习惯的形成与发展路径,发现快递行业的习惯需要秉持理性的发展道路,而合理习惯的形成与发展离不开行业自律与法律规制。

The rapid development of express industry leads to the sharp increase of disputes. In many cases, express industry often uses ＂industry custom＂ as an excuse to avoid its own responsibility. For some consumer complaints, obviously ＂custom＂ cannot be used as excuses. By examining the formation and development path of the industry customs, we find that the customs of the express industry need to uphold a rational path of development. However, the formation and development of reasonable industry customs cannot be separated from industry self-regulation and legal regulation