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

With the development of society’s economy,express service is popular in our daily life since it brings convenience a lot.At the same time,the proportion of express delivery in China’s national economy is increasing day by day.Disputes over express service occur frequently.In a word,it is worthy of paying attention to protecting consumers’ legitimate interest in this kind of service.The first part is to find out the legal status of express company which provides express service.On the basis of analyzing the definition of express company in postal law,the article elaborates whether express company differs from postal corporation.The second part defines subject scope of express service consumer by demonstrating it in two aspects.Whether the consumer is only natural person and sender in this service.After talking over the different theory opinions,the article puts forward standpoint on this question.As the emphasis of this article,the third part discusses legal attributes of express service contract.The recipient is not one of the party in express service contract.But the performance of contract is related with their interest.What is the legal status of recipient as the third party.What is the kind of legal relationship among each subject in express service.And which subject has right to ask express company to bear responsibility of packaged loss.The key to solve these problems is to judge whether express service contract belongs to contract of protecting the third party’s benefit.The article demonstrates it in it’s legitimacy and necessity.From the fourth part to the sixth part,the article probes into the issue of protecting consumer’s rights in express service contract more deeply by discussing the following problems.The first one is whether contract law has already stipulated contract of protecting the third party’s benefit.The second one is about the third party’s rights acquirement in express service contract.The last one is to find out who is the subject of liabilities for compensation in some specific situations.