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近年来,较高的消费者投诉率频现于家用电器、汽车、数码产品等采用售后服务外包形式较多的产品领域。然而,售后服务外包并没有更好地实现消费者权益。基于产权、合约与合约外部性的分析视角,可以揭示生产商承担售后服务既是义务,也是一种实施行为的权利。根据对市场需求的预期,生产商可以选择售后服务的供给方式。当市场需求不确定性较低时自己承担售后服务,否则以外包方式供给售后服务。生产商通过自我执行机制和剩余权利安排治理外包合约关系,但由于度量成本高昂和对服务商实施处罚能力有限,生产商难以实现对服务商的完全监管。同时,因为不能获得售后服务的全部收益,服务商的投资激励同样不足。因此,外包合约关系对消费者权益的负外部性常常难以克服。
In recent years, the high frequency of consumer complaints is frequent in the appliance, automotive, digital products, such as the use of service outsourcing in the form of more products. However, after-sales service outsourcing did not achieve better consumer rights. Based on the analysis perspectives of property right, contract and contract externality, it can be revealed that it is both an obligation and a right for a manufacturer to undertake after-sales service. According to the expectations of the market demand, manufacturers can choose the supply of after-sales service. When the market demand is less uncertain when they assume after-sales service, or outsourcing to provide after-sales service. Producers manage outsourced contractual relationships through self-executing mechanisms and residual rights arrangements, but manufacturers have difficulty implementing full supervision of service providers due to the high cost of measurement and the limited ability to enforce penalties for service providers. At the same time, because they can not get the full benefits of after-sales service, service providers also lack of investment incentives. Therefore, the negative externality of outsourcing contract relations to consumers’ rights and interests is often difficult to overcome.