Research On The Rights And Interests Protection Of Recipients In The Express Service

Since electronic commerce has risen steadily,in recent years,a variety of express service organization which rise like bamboo shoots after a spring rain.The express disputes between express service organizations and recipients also crops up frequently while express service industry that provide person with great convenience on work and life expand the scale of development continuously.Compared with express service organizations,those recipients who are in a disadvantaged position are be infringed and ignored easily in term of legal interest.Because express service contract in our country including two parties,namely senders and express Service Enterprises,however recipients who extremely are difficult to safeguard rights because of the status of the third Person and hence aren't established legal status by our country's law.As far as current situation of express service industries that have the fast development speed is concerned while the speed of development and the quality of service are quite different.The enterprises have low quality of service receive and send dangerous goods such as “prohibited articles” and hence personal and property of recipients now and then in express delivery activities.In addition,recipients' expresses are delayed ?damaged and lost,the signs that include standard terms “include first sign after inspection” and whose personal information be leaked occur from time to time.However,there is no provision for the legal status of the addresse in express service contract in terms of our country's laws and regulations,and hence rights and interests of recipients which are refused relevant claims for rights are violated by express service organizations and claim rights to them,because express companies claim that they are not party to the express service contracts,and it reflect status precisely that recipients protect their legal interest difficultly.The author thinks that the reasons for these phenomena inclued implementing the acceptance and acceptance system in poor position,the waybill contains a large number of format clauses,cheap illegal costs and recipient's burden of proof.For the legitimate rights of recipients obtain remedy,make clear recipients' legal status in express service contract.The author from the perspective of recipient's rights,elaborating basic overview of the contract firstly,and analytical properties of the contracts that be defined as third party interest contract emphatically,and hence established legal status of recipients.And hence obtain relevant direct right of claim for the organizations,and don't need to protect interests to describe the circumstances from senders.On this basis,author from express service industry in China point of departure,then draw the lessons in related fields from developed countries such as Britain and America and put forward corresponding solution.For example,implementing the receiving and accepting system strictly,improving the entry threshold of express industry workers,distinguishing the validity of format terms of freight bill,value system building of Internal enterprise and enterprises,in addition,distributing burden of proof reasonably between recipients and the enterprises and improving relevant laws and regulations to protect the recipients' legal interests well.