| With the rapid development of economic in China, delivery services provided by traditional postal industry have not completely met the needs of high efficiency in modern society. Under the environment of huge market demand, express delivery industry has rapidly established and well developed in China, which plays an active role in promoting economic development, facilitating social communication, meeting the delivery demand of both consumers and dealers and expanding employment. However, as consumers enjoy the convenient, fast and efficient express delivery services, their legitimate rights and interests are always violated and not well protected. The disparity of strength between operators and consumers makes their actual statuses unequal, so to realize social fairness requires the arrangements of inclinable policy to protect consumers.Under this background, the paper starts with concerning the practical issues about violating the rights and interests of consumers in express delivery industry, followed by the thinking of raising, analyzing and solving problems. Considering the realistic conditions of domestic express delivery industry, the paper analyzes the reasons for harming the rights and interests of consumers and seriously examines the shortcomings of internal management system in express delivery industry and the deficiency of protection to express consumers by relevant existing legislation. In addition, the paper tries to give some constructive suggestion on the basis of the analysis in order to provide more and better protection to consumers at a level of law and relevant system.The body of this paper is divided into four parts and the main content is in the following aspects: The first part is the general exposition to the emerging express delivery industry. Firstly, express delivery industry and its location is expounded and the structure of express market and major operator are analyzed briefly. Secondly, the range of express consumers is defined and their particularities are summarized. Finally, the legal relationship between the express operators and consumers is focused on and the applicable law is also analyzed.Many types of violating express delivery consumers' rights and interests are expounded in the second part, including the hindrance to consumers' independent choice caused by restricting competition, the harm to consumers' fair trading right caused by the unequal terms in format contracts and quality of services, the hindrance to the consumers' right to know actual information and the difficulty of consumers to realize the compensation. Finally the reasons for damages are discussed from social respect.The third part focuses on the deficiency of current system in protection of consumers' rights and interests. The protection by relevant existing legal system is lacked. The deficiency of protection by Contract Law and Consumer Protection Law in our country are mainly analyzed. Second, the deficiency of internal systems in express delivery industry is discussed in four respects: deficiency in legislation, inadequate supervision, irrationality of current postal franchise system and lack of self-discipline.The fourth part improves the measures of protection to express delivery consumers. From macroscopic perspective the author presents in the following three respects. First, improve provisions about service consumption in "Law on Protecting Consumers' Rights and Interests". Second, establish appropriate supervision subject and mode and improve supervision system by perfecting the legislation in express delivery industry. Third, establish a national express delivery industry association and exert self-discipline function. Through these three ways standardizing the operation behavior could be strengthened and indirect protection to consumers could also be realized. At last, the author also proposes some improving suggestion of specific system construction on protection to express delivery consumers' rights and interests.
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