Legal Protection Of Recipients' Rights And Interests In China's Express Service Contracts

With the gradual expansion and rapid development of the online shopping platform in the past decade,the express delivery industry has become an increasingly indispensable part of China's social division of labor system.However,it should be noted that with the continuous expansion of the operation scale of the express industry,its operation level and personnel quality,especially in the delivery service level related to the end outlets of the express delivery,exist problems of overlapping business scope,unclear division of labor and service quality of the express delivery practitioners.When these problems occur,it is not clear how to apply the relevant laws in practice.Users can only complain to express companies,but the joining mode of express terminal service outlets determines that the way of handling complaints by express companies can not really play a substantive role.The fundamental reason is still the absence of how to apply the law.Even though the state has issued the Interim Regulations on express delivery in 2018,the problems mentioned above still exist in practice.The author's writing perspective is from the perspective of legal protection of express service.Different from the analysis of express transportation behavior,express service behavior that will focus on the spiritual attribute is the aim of this paper.Apart form the introduction and conclusion,this paper is divided into four parts.The first part is the introduction of the case and the analysis of the concept.The auther select representative cases and make conceptual statements on the service contracts of the express industry and related terms of the addressees to be mined,so as to lay a foundation for subsequent analysis.The second part is to find the crux.According to the case and theory,this paper finds out the problems in the protection of the service rights and interests of the express delivery recipients,and puts forward three kinds of practical problems,which are difficult for the recipients to claim compensation,shirking the responsibility between the compensation subjects,and the recipients are not included in the scope of the service objects.The third part is to analyze the reasons.In view of the above situation,this paper analyzes the causes of the current damage of the rights and interests of the addressee,and summarizes three reasons: the addressee's request for express delivery enterprises to protect their rights is not clear,the mode of express service enterprises joining in,the defects of the responsibility between express delivery receiving sites,and the lack of protection of service attributes in the express service contract.The fourth part is to solve the problem.Including,clear about the right of the receiver: through the way of overall evaluation of the behaviors of all parties involved in the express service dispute,determine the specific responsibility between the enterprise subjects responsible for the right of the receiver to request,and improve the rights and interests of the receiver directly stored in the legal provisions.Improve the express franchising operation and the defendant's liability between express delivery receiving sites: specify the legal provisions on the sharing of responsibilities between the foreign and domestic express franchising operation,and clarify the legal liability of express receiving sites.Establish the concept that consumer protection plays an important role in the receiver: to popularize the identity of the receiver as a consumer in the express service industry,to identify the identity of the consumer should be guaranteed at the legal level,to improve the training level of the express practitioners,and to improve their corresponding treatment.