Dissertation
Dissertation > Political, legal > Legal > Chinese law > Economic Law > Of economic and transportation of Posts and Telecommunications Management Act

Analysis of Several Legal Issues Arising from Express Delivery Enterprises’ Insolvency

Author ZhuXiaoMing
Tutor ZuoRongHua
School East China University of Political Science
Course Civil and Commercial Law
Keywords Franchising Business Detaining of Goods&Payment
CLC D922.296
Type Master's thesis
Year 2013
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This thesis was written on the basis of theoretical and practical research. With theemergence of E-commerce, express delivery services have become a part of our dailylife. However, data form the State Post Bureau of The People’s Republic of Chinashows that116express delivery enterprises ended in insolvency in the year of2012.The influence of express delivery enterprises’ insolvency on the number of people andthe amount of money involved is much greater than that of other enterprises. Expressdelivery enterprises’ insolvency has aroused lots of legal issues, among whichdeduction and retuning of franchising fee, franchisee’s detaining of express deliverygoods and the payment collected on behalf of E-store owners are the most severeones.This thesis was written mainly around the above three issues. First, with respectto the deduction and retuning of franchising fee, I analyzed the essence of franchisingbusiness pattern in express delivery service industry and the internal legal relationshipof franchising business, which are the theoretical bases of analyzing the deduction andretuning of franchising fee. Second, with respect to franchisee’s detaining of expressdelivery goods, I analyzed current theories home and abroad about the externalliability bearing in franchising business, put forward a new theory and named it"Proxy Endurance", and analyzed all kinds of claim bases of senders when theirexpress delivery goods are detained by franchisees. Third, with respect to franchisee’s detaining of the payment collected on behalf of E-store owners, I introduced thedefinition of Cash On Delivery and its legislative situation, pointed out that E-storeowners have right to claim for compensation to either express delivery franchiser orfranchisee on the basis of the subagency theory.The last part of this thesis was written around the risk prevention methods withrespect to express delivery enterprises’ insolvency. First, improve self-discipline andpromote business pattern change in express delivery service industry. Second,safeguard the payment collected on behalf of E-store owners with scientific andlegislative methods.

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