Analysis On The Recipient’s Rights Of The Express Service Contract

With the development of E-Commerce, various express services have popped up.However, the convenience for our daily life and work brought by the express servicehas been accompanied by the side-effects, like careless zoning, loading and unloading,exposure of personal information, as well as lose and delay of the express delivery,which have cost harm to the customers. The protection of the rights of recipients, asone of the customers of the express service, has been a heatedly discussed topic.Consequently, in the view of the right and its status quo of the recipient of the expressdelivery, with the profound analysis of the nature and obejct of the contracts of theexpress service, we will explore the rights of the recipients in the express deliverycontracts according to the process of the express service, such as the right to beinformed, the recipient’s right of performance, the protection of the personalinformation and the right to claim protection. In the end of this thesis, we will proposeconstructive strategy in order to make it as a reference to the protection of therecipients’ rights as well as to advance the service quality.The first part of the thesis will define the nature of the express delivery contractas the contract for the benefit of a third person through the comparison with thecontract which delivers with the order. In addition, it is necessary to further analyzethe legal relationship of the express delivery contract in order to deepen ourunderstanding.From the second part, the thesis will pay attention to the specific rights of therecipients. First, the right to be informed, which enables the recipients to know theorganization of the express service, the safety of the express delivery, has beenseverely compromised due to the insufficient exposure of the service provider, thelack of inquiry mechanism as well as the unreasonableness of the signing andreception regime. Consequently, the thesis will safeguard the right to be informedthrough the enhancement of the obligation of information exposure, the inquirymechanism as well as the reasonable arrangement of the signing and receptionregime.In the meantime, the right of performance, acting as the means of realizing thesubstantive right of the recipients, has been infringed because of the delaying,unauthorized proxy signing and reception as well as illegal charging and falsification.After analyzing the status quo of the recipients’ rights in the expressdelivery. This part will distinguish the recipient’s right of performance from therecipient’s right of performance to introduce the independence of the recipient’s rightof performance through analysis of the its status quo. Meanwhile, for the purpose ofbalancing the interest of the recipient and the express service organization can raise aplea against the recipient based on the compensatory relation.In the era of E-Commerce, the express waybill, which carries the personalinformation of the recipients, has been the subjects for some market players to makeprofit. The safety of the recipient’s personal information has been seriously threatened.This part will distinguish the recipient’s personal information from the privacy right inorder to define it as an independent and special concrete personal right. Besides, thepart will also mention the remedies when the recipient’s personal information isinfringed.Finally, the right to claim protection for the recipient should depend onconfirmation of his or her independent status in litigation. The express servicecontract contains a lot of standard terms, which could be the biggest hindrance to therealization of the recipient’s rights. Therefore, this part will discuss the inclusion andthe validity of the standard terms, in order to determine the scope of the damages.As the express service contract is a kind of contract without title in Contract Law.The last part of this paper will put forward the proposition of typicalization of theexpress service contract. Since the typicalization of the express service contractdepends on the improved laws and regulations, this part will also put forward somespecific ideas to perfect the law and regulations of the express service. At the sametime, in order to balance the interests of the recipients and the organization of theexpress service, the last part will also pay attention to the problem of how tostandardize the express waybill. Finally, the frame for the protection of the recipient’srights will be constructed through the typicalization of the express service contract,the legal perfection of the express service as well as standardization of the expresswaybill.