| In recent years,the rapid development of our country’s e-commerce,Online shopping has become an important form of shopping for people,followed by the rapid development of the express industry.In the delivery of express delivery,the "Last mile" between the delivery of the courier and the receipt of the user evolved into a flexible and diverse collection mode,although collecting on behalf of express delivery alleviates the time and space difference between delivery and pick-up,there are also some problems,such as compulsory collecting,damage and loss of collecting on behalf of express delivery,these problems not only infringe on the rights and interests of the recipients,reduce the user experience,and even hinder the development of the express industry.Because the legal nature of express delivery is more complicated,there is no relevant agreement or unclear agreement on the liability for damages caused by express delivery,and it is time-consuming and laborious for the addressee to defend his rights,even legitimate rights and interests can not be protected.Therefore,this paper takes the new model of express delivery as the object of study,The legal responsibilities of civil parties in courier collection cases are discussed,and the related damages issues are analyzed and resolved,to provide legal advice for the development of express industry.The paper is divided into four parts:The first part is an overview of the liability for damages for express collection.This paper first clarifies the concept of express collection,and introduces the background,operation mode and legal issues of express collection in detail;Secondly,it analyzes the rationality of the existence of express collection,including the necessity of its existence for both express enterprises and users;Finally,the subject and scope of damages for express collection are discussed in detail,as well as the exemption of damages for express collection.The second part is about the definition of the legal responsibility of the collection point under different express collection modes.This paper discusses the legal liability of the collection point under two modes.One is that there is a clear legal status and commitment of the collection contract,which is divided into the liability for damages under the direct collection legal relationship and the liability for damages under the indirect collection legal relationship according to whether the collection point signs the commission agreement with the recipient or the express company signs the commission agreement with the recipient.The other is the legal status and commitment of collection without explicit agreement in the collection contract,which is the legal relationship and commitment of collection in the case of gratuitous management and well-intentioned benefaction.The third part discusses the problems in the current legal provisions and judicial determination.First of all,it discusses the provisions of the current law on the express collection behavior,from the "Post Law" to the "Regulations on the Promotion of the Express Industry in Zhejiang Province",and carefully analyzes the provisions of the law and the connection between the upper law and the lower law,as well as the embodiment of the filling principle;Secondly,it analyzes the typical cases in judicial practice,the identification of the subject of the request and the burden of proof.The fourth part is about the improvement of the liability for damages of express collection.In view of the problems discussed above,this paper puts forward four suggestions to improve the liability for damages of express collection from the following four aspects:improving the regulation of civil legal liability,clarifying the burden of proof,establishing reasonable insurance clauses,and introducing administrative laws to supplement civil legal liability. |
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