On Legal Protection Of Consumer Rights In The Courier Industry

In recent years, with the rapid development of electronic commerce, such as taobao, jingdong mall and so on, the end of the e-commerce service industry--express industry, also got rapid development. Both the state-run courier companies--China’s postal service express delivery (EMS)’s development in market and the rapid rise of the private courier enterprises, they all show the surprising prosperity of China’s express delivery market. However, it also brings a series of questions, such as, the express is not fast enough, the damage or even the loss of the express articles. What is worse, because of the incomplete of the legal regulations and laws in express industry,the difficulty to find proof, there is a slight chance to ensure the consumers rights.The legal status of the courier industry consumer protection in our country is the lack of specialized laws and regulations to regulate the development of express industry, and the lack of effectiveness and systematic of the existing laws and regulations. The form of damaging legitimate interests of consumers in the courier industry mainly lies in Shipment delays, express damaged, lost, and consumers express disclosure of personal information and so on. The main cause of this phenomenon is: terms of unreasonable format are commonly seen in the express delivery contracts, the express delivery service quality is unqualified and the user’s personal information management is poor. The courier service contract to be positioned as the third person of interest contracts, empower consumer as a recipient of one of the legitimate rights and interests to a separate request for payment to the courier companies in the case of damage. In addition, to maintain the legitimate rights and interests of consumers, express industry must improve the legislation, namely to accelerate the introduction of a "Courier Law", secondly, we need to improve relevant laws and regulations; we must improve the relief rights services in the delivery express, including the relief rights of shipment delays, damaged express relief and express lost rights activist relief; other ways to strengthen consumer rights mainly include administrative supervision of the express delivery market, giving full play to the positive role of industry self-regulation and public oversight.