In recent years, with the rapid development of the express delivery industry and the alarming explosion of consumer complaints about the express delivery service, the relationship between express enterprises and consu...In recent years, with the rapid development of the express delivery industry and the alarming explosion of consumer complaints about the express delivery service, the relationship between express enterprises and consumers has become increasingly strained Merely relying on the national standards, industry standards of the express industry as well as the operation system in the current legal system, including the system that inspects the inside of mail that is received for delivery, is far from enough to guarantee that the rights and interests of consumers could have overall proteetion in this competition since customers are comparatively on the weak side. In this paper, consumers of express delivery service contracts are limited to recipients who are natural persons and senders in specific conditions. Based on the clear definition of subject scope above, this paper builds a system of consumer protection in express delivery service contracts from the perspective of rights of consumers and duties of operators. In particular, this paper elucidates the content of consumer rights within the scope of express delivery service contracts, which include the safety right, the right to know, the right to fair deal and the right to claim for reimbursement. Meanwhile, this paper puts forward that express enterprises should fully perform their duties, which embrace the duty of performing contractual liabilities, duty of disclosure, and duty of protection for customers＇personal information.展开更多
基金the project achievement of the Law Research Project at Ministerial Level of China Law Society in 2016(CLS-2016-D66)
文摘In recent years, with the rapid development of the express delivery industry and the alarming explosion of consumer complaints about the express delivery service, the relationship between express enterprises and consumers has become increasingly strained Merely relying on the national standards, industry standards of the express industry as well as the operation system in the current legal system, including the system that inspects the inside of mail that is received for delivery, is far from enough to guarantee that the rights and interests of consumers could have overall proteetion in this competition since customers are comparatively on the weak side. In this paper, consumers of express delivery service contracts are limited to recipients who are natural persons and senders in specific conditions. Based on the clear definition of subject scope above, this paper builds a system of consumer protection in express delivery service contracts from the perspective of rights of consumers and duties of operators. In particular, this paper elucidates the content of consumer rights within the scope of express delivery service contracts, which include the safety right, the right to know, the right to fair deal and the right to claim for reimbursement. Meanwhile, this paper puts forward that express enterprises should fully perform their duties, which embrace the duty of performing contractual liabilities, duty of disclosure, and duty of protection for customers＇personal information.
