| The logistics and distribution industry in China is booming,and express delivery collection,as an important part of the logistics and distribution service terminal,plays an indispensable role.However,due to various factors such as the lack of protection of express delivery collection rights,unclear legal norms in the collection process,and the inability of existing laws to adapt to the constantly changing development of the express delivery industry,there are frequent issues such as illegal and compliant express delivery receipt,vacant inspection rights,and inconsistent standards for determining responsibility for lost express packages and cargo damage disputes.Therefore,studying the legal issues related to express delivery collection services can help promote the standardized construction and orderly development of China’s express delivery collection industry.The exploration of legal issues is based on the operational practice of real social relations.This paper studies the legal issues of express delivery collection services,and is also based on the analysis of the legal relationship of express delivery collection services.Through market observation of express delivery collection services,it sorts out the different manifestations of existing express delivery collection services,and clarifies the contractual collection legal relationships generated in express delivery collection services through the diverse and diverse representation of subjects,The two types of internal legal relationships,non contractual collection legal relationships,and external legal relationships formed by external supervision,as well as internal and external interactive and collaborative relationships,have laid the foundation for the discussion of different legal relationships in the full text of the study.On this basis,the second part of the paper further explores the legal issues in two different internal legal relationships of collection services,and proposes targeted institutional suggestions to address the issues of contractual and non contractual collection relationships in the aforementioned internal legal relationships.By clarifying the recipient’s direct request right,standardizing the signing process for express delivery collection,clarifying the responsible parties for damages compensation,introducing a liability insurance system to balance collection risks,and improving the acceptance and appeal procedures for express delivery complaints,we aim to regulate improper behavior in express delivery collection,reduce legal risks that may be encountered by express delivery collection service entities,and improve the difficulty of resolving disputes caused by complex relationships and links in express delivery collection services.Observing the current situation of external legal relationships,i.e.regulatory relationships,in the collection services,the third and fourth parts of this article point out that there are issues related to external legal relationships and internal and external interactive collaborative relationships,such as non-standard or institutional deficiencies in the supervision of postal management departments and industry associations,and incomplete relief measures for internal and external coordination.In response to these issues,the fifth part of the paper proposes countermeasures such as establishing regulatory regulations,improving the appeal and relief system of regulatory authorities,optimizing regulatory procedures,and introducing a mechanism for promoting internal and external coordination of collection services through the integration of civil and commercial responsibilities. |
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