摘要
In recent years, with the rapid development of the express delivery industry and the alarming explosion of consumer complaints about the express delivery service, the relationship between express enterprises and consumers has become increasingly strained Merely relying on the national standards, industry standards of the express industry as well as the operation system in the current legal system, including the system that inspects the inside of mail that is received for delivery, is far from enough to guarantee that the rights and interests of consumers could have overall proteetion in this competition since customers are comparatively on the weak side. In this paper, consumers of express delivery service contracts are limited to recipients who are natural persons and senders in specific conditions. Based on the clear definition of subject scope above, this paper builds a system of consumer protection in express delivery service contracts from the perspective of rights of consumers and duties of operators. In particular, this paper elucidates the content of consumer rights within the scope of express delivery service contracts, which include the safety right, the right to know, the right to fair deal and the right to claim for reimbursement. Meanwhile, this paper puts forward that express enterprises should fully perform their duties, which embrace the duty of performing contractual liabilities, duty of disclosure, and duty of protection for customers＇personal information.
随着近年来我国快递业的迅速发展,快递服务合同中消费者的投诉量也与日俱增。为确保消费者的合法权益得到保障,仅依靠现有具体业务操作制度和国家标准及行业标准对快递企业进行规制是远远不够的。本文在界定快递服务合同中消费者主体范围的基础上,从消费者的权利与经营者的义务入手,全面构建快递服务合同的消费者权益保护体系。具体而言,明确了快递服务合同中消费者所享有的安全权、知情权、公平交易权和求偿权的具体内容,同时提出快递企业应全面履行其负有的履行合同约定义务、告知义务和用户个人信息保护义务。
基金
the project achievement of the Law Research Project at Ministerial Level of China Law Society in 2016(CLS-2016-D66)
