我国快递业法律规制研究
发布时间：2018-10-16 21:13
【摘要】：快递业作为一项新兴产业,是推动国民经济增长的新引擎,是转变经济发展的助推器,是全面建设小康社会的加速器,是国际贸易、国内贸易和电子商务活动中的重要枢纽。近年来,伴随着国民消费结构升级及电子商务、网络购物等新型服务业的迅猛发展所带来的庞大市场需求,快递行业已经发展成为一个年营业额在数百亿元,从业人员数十万,具有相当经济规模和社会影响的行业。快递业服务极大便利了老百姓的日常生活,已经成为人们生活中不可或缺的一部分。然而在经过三十多年的高速发展,快递市场存在的一些问题也日益凸显,快递企业侵犯消费者权益的事件频频发生。而法律作为社会关系调节方式之一,较其他调节方式更加严格,对于快递业经营者的规制及对处于弱势地位的消费者合法权益的保护更为彻底。要促进快递业健康发展,可以说对其进行法律规制是最有效的手段。本文从快递业相关概念及其发展历程入手,分析了我国快递业法律规制的现状及不足,在参考借鉴域外快递业法律规制先进经验的基础上,提出了完善我国快递业法律规制的建议,一是完善立法,健全快递业法律体系;二是建立严格的快递业市场监管体制;三是健全快递业纠纷解决机制;四是强化快递业协会的自律与监管作用;五是提高快递消费者的维权意识和维权能力。
[Abstract]:As a new industry, express delivery industry is a new engine to promote the growth of national economy, a booster for the transformation of economic development, an accelerator for building a well-off society in an all-round way, and an important hub in international trade, domestic trade and e-commerce activities. In recent years, with the huge market demand brought by the rapid development of the new service industry, such as e-commerce, online shopping and so on, the express delivery industry has developed into an annual turnover of tens of billions of yuan and hundreds of thousands of employees. An industry with considerable economic scale and social impact. Express service greatly facilitates people's daily life and has become an indispensable part of people's life. However, after more than 30 years of rapid development, some problems in express delivery market have become increasingly prominent. As one of the ways to regulate social relations, the law is more strict than other regulation methods, and the regulation of express delivery operators and the protection of the legal rights and interests of consumers in a weak position are more thorough. To promote the healthy development of express industry, it can be said that legal regulation is the most effective means. Starting with the related concepts and development course of express delivery industry, this paper analyzes the present situation and deficiency of legal regulation of express industry in China, and on the basis of referring to the advanced experience of legal regulation of express industry outside China, Some suggestions are put forward to perfect the legal regulation of express industry in our country, one is to perfect the legislation, the other is to perfect the legal system of express delivery industry, the second is to establish a strict market supervision system of express delivery industry, and the third is to perfect the dispute resolution mechanism of express delivery industry. The fourth is to strengthen the self-discipline and supervision of express industry association, and the fifth is to improve the consciousness and ability of protecting the rights of express delivery consumers.
【学位授予单位】：甘肃政法学院
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.296
[Abstract]:As a new industry, express delivery industry is a new engine to promote the growth of national economy, a booster for the transformation of economic development, an accelerator for building a well-off society in an all-round way, and an important hub in international trade, domestic trade and e-commerce activities. In recent years, with the huge market demand brought by the rapid development of the new service industry, such as e-commerce, online shopping and so on, the express delivery industry has developed into an annual turnover of tens of billions of yuan and hundreds of thousands of employees. An industry with considerable economic scale and social impact. Express service greatly facilitates people's daily life and has become an indispensable part of people's life. However, after more than 30 years of rapid development, some problems in express delivery market have become increasingly prominent. As one of the ways to regulate social relations, the law is more strict than other regulation methods, and the regulation of express delivery operators and the protection of the legal rights and interests of consumers in a weak position are more thorough. To promote the healthy development of express industry, it can be said that legal regulation is the most effective means. Starting with the related concepts and development course of express delivery industry, this paper analyzes the present situation and deficiency of legal regulation of express industry in China, and on the basis of referring to the advanced experience of legal regulation of express industry outside China, Some suggestions are put forward to perfect the legal regulation of express industry in our country, one is to perfect the legislation, the other is to perfect the legal system of express delivery industry, the second is to establish a strict market supervision system of express delivery industry, and the third is to perfect the dispute resolution mechanism of express delivery industry. The fourth is to strengthen the self-discipline and supervision of express industry association, and the fifth is to improve the consciousness and ability of protecting the rights of express delivery consumers.
【学位授予单位】：甘肃政法学院
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.296
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