Study On The Protection Of Recipients' Rights And Interests In Express Service Contract

Nowadays,with the rapid development of society,people have higher and higher requirements for the convenience of life.Express delivery has become a necessity for most people due to its characteristics of convenience,speed and profession.Meanwhile,legal problems in this field have mushroomed with its rapid development.In the disputes over express delivery service contracts,it is not only the relevant rights and interests of the sender who is the counterpart of the contract and the express delivery service enterprises may be infringed,but the recipient who is the receiver of express service is actually more vulnerable to infringement.This paper sorted out the problems existing in the protection of the rights and interests of express recipients through the retrieval and statistics of existing cases,analyzed them one by one,and then proposed relevant suggestions for the aforesaid problems.It is consisted of the following five parts:The first part clarifies the problems in this field through case retrieval and analysis as follows: legal application of disputes,standard clauses of liability exemption,and the recipient's eligibility as a plaintiff.The second part mainly analyzes the legal application of contract disputes.Firstly,the positioning of express delivery enterprises determines that the disputes arising from relevant express service contracts should not be directly applicable to the relevant provisions of Postal Law;Secondly,the difference in nature between express service contracts and traditional freight contracts determines that it should not be directly applicable to the relevant provisions of the contract of goods transport in the sub-provisions of the Contract Law.Therefore the final application of law needs to be determined by analyzing the specific rights and obligations of the recipient in the contract.The third part focuses on the analysis of the existing problems lying on the standard clauses of liability exemption in the express service contracts.On the issue of guarantee clause,whether it is effective or not is disputed,and the current compensation standards of express delivery without guarantee are also unreasonable.In the case of force majeure clause,there is a lack of unified regulation,and express delivery enterprises generally expand their interpretation.As for the free delay clause,it obviously violates the nature and characteristics of the express service contracts,whose existence would be bound to damage the rights and interests of recipients to some extent.The fourth part studies on the legal status of the recipient in the contract.The recipient who wants to become an eligible plaintiff in the disputes over the express service contract should firstly make it clear that the express service contract is an altruistic contract,and then further clarify the legal status of the recipient as a third party with substantial interests in the contract.This not only theoretically gives the recipient the legitimacy to safeguard their own rights and interests,but also is of great significance to the sender,express delivery enterprises and the improvement of China's overall legal system.The fifth part puts forward suggestions to improve the protection of the recipient's rights and interests in the express service contract focusing on aforesaid issues.On the one hand,by clarifying the nature of the contract and implementing the legal status of the recipient,the existing problems of law application and the problem of the eligibility as a plaintiff of the recipient in litigation can be solved.On the other hand,through the standard of express service contract and the strict requirements of express service process,solve the disputes caused by the standard clauses of liability exemption so as to achieve the purpose of protecting the rights and interests of recipients.