Relevant legal knowledge involved in the shipment receipt
1, the relevant regulations and laws and regulations and standards involved
Currently, from the relevant national legislation on the postal sector, both the revised "People's Republic of China Postal Law" (hereinafter referred to as the "Postal Law"), or "express delivery market management approach" and "express business license management approach" State Council and other departmental regulations, did not make it clear that the issue of the order express delivery inspection and sign the session.
2, how to understand the "express service" standards requirements and their effectiveness
From three aspects to a deeper understanding about the content "express service" standards: First, the "express service" postal industry standards are recommended standards, which itself does not have legal force. Second, although by the State Council administrative rules on the implementation of "courier service" given to certain standards mandatory effect, but this is only given to the postal administrations of courier services to implement administrative punishment, rather than on the courier companies and consumers on express delivery part of the mandatory provisions of law in civil relations. Third, as not to consider the legal effects "express service" standards, only to analyze its specific provisions, it is simply the "acceptance without objection, the acceptance should confirm receipt" of how to understand the requirements.
Accordance with the "express service" standards "acceptance without objection, the acceptance should confirm receipt" provisions, the courier company salesman at the time of delivery of express mail, the recipient should express package and weight inspection, inspection courier envelope or box there no damage and Chaigai and other traces of the actual weight of the shipment and the waybill marked on whether the change in weight. If, after the recipient of the shipment packaging and weight acceptance no objection, it should sign to confirm the courier waybill, the final completion of the actual delivery of the shipment.
3, inspection and sign also reflects the principle of autonomy of courier companies and consumers
Since the courier service is based on the sender express delivery courier company commissioned commissioned behavior generated, the sender does not exclude the principle of autonomy with the courier company based special agreement between the two sides followed. Therefore, the content of the agreement also determines the matters entrusted to handle express different aspects of inspection and sign the operation.
4, according to civil law principles to analyze and understand the relationship between receipt of inspection
For shipment within the member to be opened should be carried out after receipt of the recipient, which is based on the shipment of ownership transfer ownership relations of the decision, that is, who has the ownership to express to express exercise including possession, use, profit from and dispose of.