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Legal Responsibility Of Third-party Logistics Operators For Infringing Of Consumer Rights And Interests

Posted on:2017-11-09Degree:MasterType:Thesis
Country:ChinaCandidate:T ZhouFull Text:PDF
GTID:2336330488472667Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Inthe market consumers are vulnerable,in recent years,with the rapid development of the Internet, diversified shopping, consumer markets are very active.Under the new way of mail-order,online-shopping,television shopping,consumers demands for logistics services are growing.In the process of logistics services, consumers are violated by the third-party logistics operators more and more.But the law for responsibility of third-party logistics operators is still not clearly defined.As a result, it has produced different views of the legal liability of identifying how the third-party logistics operators violate the rights and interests of consumers.In order to protect the consumer rights and interests,it must be cleared for the legal responsibility for the infringement of consumers from the third-party logistics operators, this article has conducted the special research to this question.In addition to the introduction and conclusion, this article is divided into four parts.The first part,Performances of the third-party logistics operators violate the consumers' rights and interests,this part legally defines the third-party logistics operators and the behaviorsof the third-party logistics operators violate the consumers' rights and interests,It also legally distinguishes the specific behaviors between third-party logistics operators and commodity operators that both violate the consumers' rights and interests.Meanwhile, this part concludes the specific forms of the behaviors of how the third-party logistics operators violate the interests of consumers.The second part,Roles, Laws and Liabilities of the third-party logistics operators,this part discusses the legal relationships among third-party logistics operators,consumers and commodity operators in the mail,online and TV shopping ways.,it defines that third-party logistics operators are not only the parties in the contract, but also the operators in the Consumer Protection Law.Therefore,they are subjected to the laws of different departments.In terms of responsibility,it possibly acts as a civil party to a contract, according to the provisions of the Contract Law,they should bear the liability.It maybe the operators, Consumer Protection Law shall be applied in the specification,it should bear the responsibility for the infringement.The third part,Responsibility for the third-party logistics operators that violate the rights and interests of consumers,in the contract,the third-party logistics operators' responsibility and constitutive,especially discussing the different tort liabilities for third-party logistics operators as service operators when they violate the consumers' rights and interests.The fourth part,Responsibilities and Commitments for third-party logistics operators,this part lists the civil liability for third-party logistics operators when they violates the consumers' rights and interests.For example: damage compensating, the original returning, apologizing and so on.To divide the commitments, there are direct responsibility, replaced responsibility, joint responsibility,etc.
Keywords/Search Tags:third-party logistics operator, consumer rights and interests, legal liability
PDF Full Text Request
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