Research On The Protection Of The Rights And Interests Of The Recipients Of Express Contracts

In recent years,benefiting from the explosive growth of electronic commerce,the express industry has expanded rapidly.However,this fast development has at the same time brought problems that are increasingly prominent.On the one hand,the developments of the express industry bring convenience to people in their daily lives,but on the other hand,the E-commerce delivery issues such as damage and loss of express items are becoming serious headaches.This causes different levels of interest impairments to the parties and stakeholders involved in the Express contract,especially the third party of the Express contract-addressees.Some deficiencies exist on the protection of the addressees' interests in the contemporary Chinese consumer's interest protection law.Therefore,this article takes a perspective on a case from the express contract dispute by elaborating,analyzing and discussing the issue,with a view to get a move on the legislation of the express contract in order to better improve the service quality of express firms.This paper consists of four sections.The first section introduces the basic background of the selected case.By introducing the case of “Junzheng &Yunda Express transportation contract dispute”,the author concludes four controversial points concerning the protection of the rights and interests of addressees in the express contract.The second section is a deep analysis of the controversial issues summarized in the first part,which explores in four aspects: the direct claim of addressees,the responsibility undertaken in the express franchising mode,the validity of the Express valuation clause and the inspection duty of the express companies in the selected case.The third section points out the lack of protection between the addressees' rights and interests in the express contract in China,and analyzes problems on the basis of the four controversial issues,including the ambiguity problem in the direct claim of addressees,a flaw exists in the rules for Accountability in the Express franchising mode,the different criterion for the validity of the Express valuation clause,theunclear inspection obligation of the express companies.The fourth section is the most important part of this paper.In the view of the deficiency of the protection of the addresses' rights and interests in the express contract in China,some suggestions are put forward on the improvement of supporting systems and corresponding legislative clauses for the express contract addressees.For example,(1)the express contract should have its legal name of“Transportation Contract” in the Contract Law,and endowing the rights of direct claim to the addressees in the "Transportation contract;(2)clearly identify the primarily responsible party of the express franchising business,and specify the entry standards for the express franchise;(3)increase the limits of compensation and improve the express valuation system;(4)it also suggests that the delivery items should be treated differently according to its value,the various execution should include the different levels of inspection obligations,registration,custody of the inspection contents and etc.