Research On The Protection Of Consumers' Rights And Interests In Express Service

With the continuous development of society and science and technology,people's consumption patterns are becoming more and more diversified.Online shopping seems to be an integral part of people's lives,the efficiency and convenience of online shopping greatly facilitates the transaction behavior of consumers.But with the traditional consumption,network consumption in most commodities can not be directly delivered to the consumer,to express enterprises to bear the "bridge" work completed late delivery,and with the rapid growth of online shopping transactions,courier companies also showed the potential A new force suddenly rises.However,while the volume of express service transactions is rising,the phenomenon of infringement of consumer rights and interests of express companies is also frequent.At present,the main performance of courier companies violated the interests of consumers: consumers express service in personal rights and property safety,even bargain rights,the claim is not guaranteed,even the consumer personal information security can not be protected and so on.In order to adapt to the rapid development of the courier service industry and to regulate the express service behavior,our country revised "People's Republic of China postal law" in 2009(hereinafter referred to as the "postal law"),the follow-up also introduced "express service" and "national standard express market management approach" and other laws and regulations.Although to a certain extent to the express industry behavior plays a regulatory role,but the courier industry distribution laws and regulations are too scattered,low legislation level,industry standard effect is not strong,so the protection of rights and interests of consumers in the express service is still exist many problems.In addition,the legal status of the courier service is not clear,the existence of unfair terms in the courier service contract,the difficulties of proof and other reasons make the rights of consumers difficult road.Therefore,in order to safeguard the legitimate rights and interests of consumers express service,we need tostudy and introduce a specialized and systematic and legislative level of the normative documents first,to provide a legal basis for consumer rights: courier service in the second to clear in the express service consumption status,standard terms in the contract of express service and the reasonable allocation of the burden of proof,in order to facilitate the flow of consumers rights way;finally it should take other measures to strengthen the supervision of the courier industry,improve the service quality of express service,consumers better protection of the legitimate rights and interests of the courier service.This paper is divided into four parts,including the following:The first part is about the basic theory of the protection of consumer rights and interests in express delivery service.Firstly,the definition for the courier service,and then analyzes the nature and legal relationship of express service contract content,special identity and rights and interests of consumers of the courier service,and analyzes the damage to the consumer rights and interests in the performance of the courier service.The second part mainly analyzes the problems existing in the legislation and practice of China's express service industry.Through the summary and summary of the legislation on the protection of the rights and interests of consumers in the express delivery service in China,we can grasp the present situation of the legislation in our country,and analyze the main problems in our legislation and practice.The third part introduces the legislative practice of the protection of the consumer's rights and interests in the express service and the enlightenment to our country.On the legislation and practice of the United States,Germany,Japan and other typical of consumer rights and interests protection in the express service are introduced,and then analyzes their significance in the regulatory agencies to formulate special laws and independent aspects of our country.The fourth part,according to the legislation and practice of our country,puts forward the countermeasures and suggestions to improve the legal protection of consumer rights and interests.Including the corresponding suggestions and Countermeasures: accelerate the introduction of "express regulations" to provide a legal basis for industry regulation;improve the quality of courier services to protect the safety of consumers;regulate the express service contract and safeguard the fair right of consumers;reasonable allocation of burden of proof to protect consumers' right of claim;other proposed consumer protection courier service.