Protection Research Of Recipients’ Rights In Courier Service Contract

Nowadays, courier service has become an integral part of people’s life. The flow ofgoods is inseparable from the courier service company, providing logistics services.Meanwhile, with the rapid development of e-commerce, online shopping has beenwarm-welcomed. Consumers to purchase goods also cannot leave the carriage of goods bycourier service company, which provide the services, then express delivery services occurunder the background of the social development. Compared with foreign courier servicecompany, China’s express delivery service companies are different from the capital,technology, facilities, and services sectors of others, which led to a variety of deficienciesin the service sectors, such as charring to delivering content does not appear in the processof the inspection deliver content, no hinting "valuables" valuation or buying insurance.Also, in the delivery process, there are so many reasons such as the presence of violence inthe sorting process of sorting, express delivery when the recipient without prior permissionfor others to sign, not tip visual inspection recipient express, which lead to the disputesbetween the company and the consumer.The process of express service company signing with the sender fast single means thatboth parties have formed a Courier service contract relationship. In online shopping, whensellers courier service contract with courier service company, the recipient as the interestsof a third person, having the right to request the courier service company to pay express orcompensation when the express mails damage. Signed with courier service directly in thesender’s single case, clear legal status of the parties can determine the faults between bothsides to clarify responsibility in a dispute. But in the network shopping, there are tripartitemain bodies. The academic circles have divergences to the legal relationship of thetripartite main bodies. In this situation, the recipient was not involved as one disadvantageparty in courier service contract, his legal rights could not been perfectly protected.Specifically in our this article, the author especially focuses on some special cases in ourreal life, mainly about: First, in the case of collecting by someone rather than the recipient,it’s really difficult to determine the liabilities of the damages or/and losses of the expressmail; Second, compensation problems in the valued service; Third, the abusing of thepersonal in formations contained in the courier service contract may lead to the direct orindirect personal or property losses of the recipient. The author try to discuss the realproblems which usually existed in the above mentioned three kinds of cases, in order toprovides some useful legal advices when the disputes occurred.In this paper, the author takes the case analysis method, comparative research methods. Case analysis method is mainly used in the second chapter, the author conductedthe comparative analysis from horizontal to vertical. Lateral analysis of the main threeparties exist from the courier service contract that the recipient (buyer), the sender(seller) and Express way, after comparing it concluded that the recipient of these partiesbecomes the one whose interests is the most serious damage to the party longitudinallyfrom the signing of the contract and courier services throughout the fulfillment processstarting until end of the courier service delivery concerns, the risk of the whole process ofdelivery concerns also fall on the recipient’s body, resulting in disputes arising after therecipient is also the most serious damage to the party, eventually leading to the propertyinterests and personal interests of the recipient’s damaged. For comparative researchmethod is mainly reflected in the comparison of the use of domestic and foreignregulations regarding the protection of personal information, as well as comparing thedomestic and foreign legislation related to the courier service contract informationprotection provisions of the recipient, which have referential significance on the protectionof personal information of the recipient party. By putting forward proposals to resolve thedispute by the above three methods, we could provide assistance to guide judicial practice.The author combed through the information about the courier service discovery inrecent years, researchers mostly conduct research focus of the study focused on theconstruction of express delivery companies collaborate on the win-win development ofe-commerce strategy from the management perspective, the perspective of ModernLogistics courier services, few studies scholars courier services contract from the point ofview of contract law, this article attempts from the perspective of the theory of contract law,equity research and select the recipient of this research point of view, the author hopescombing through this article, the recipient can make reality provide a theoretical basis forthe protection of rights and interests and build a recipient rights protection system.Also,this article select to do research on the rights of the recipient, hoping that this article canprovide suggestions to resolve such disputes in society, realizing to make the protection forthe rights and interests of the recipient’s and offer a theoretical basis in reality.