Research On The Liability For Damages In Express Collection

The rise of online shopping has ushered in the golden period of development for the express delivery industry,but the higher cost of the "last mile" in express delivery has limited the development speed of the express delivery industry.The express collection system is a new form of collection formed with the rapid development of the express industry.The emergence of the express collection system has solved the "time difference" and "spatial difference" in the "last mile" of distribution.The problem has played a positive role in the development of the express delivery industry.However,in the process of collecting and expressing,the issue of damage compensation liability of the collection system has become a difficult problem.This article takes express delivery collection as a new research object,and intends to analyze the damage compensation issues arising from express collection,and clarify the various legal relationships in express collection through the relevant theories of property law,tort liability law and contract law.To sort out the problems in the damage compensation and put forward perfect opinions.This article mainly contains the following three parts: The first part introduces the liability for damages in express collection and the current development of my country’s collection industry.First of all,the status of my country’s current express collection industry is combed,including two parts of laws and regulations and industry internal specifications,and the main modes of the current express collection platform are listed and summarized.Then it introduces the generation of damage compensation liability in express collection and analyzes the characteristics of damage compensation liability.The second part is a case analysis of the liability for damages in express collection.Combined with three typical cases,it conducted a legal analysis on the three aspects of the express form of damage compensation liability in the express collection,the identification,and the burden of proof.Using the relevant theories of the Property Law and the Tort Law,the damage compensation liability in the collection was basically clarified.Complex relationship.The third part through the second part of the analysis of the liability for damage compensation in collection,summarizes the problems in my country’s collection of compensation liability and puts forward suggestions for the improvement of my country’s express collection damage compensation system.The problems in the collection mainly include theunclear nature of the collection agreement,the unreasonable provisions of the delivery and acceptance process,the insurable clauses and the exemption clause,etc.The specific suggestions mainly include re-planning the delivery and acceptance procedures,the division of the burden of proof,and the establishment of sound Insurance compensation mechanism for collection activities,clearing out unreasonable format clauses in the industry,and exerting the supervision and guidance role of the administrative department.