Journal of Shanghai University (Social Science Edition) ›› 2018, Vol. 35 ›› Issue (1): 85-95.

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Avoiding Harm and Solving Disputes: On the Legal Nature of Content #br# Inspection in Picking up in Express Delivery Services

  

  • Received:2016-12-10 Online:2018-01-15 Published:2018-01-15

Abstract:

The regime of content inspection in picking up has become an important measure to effectively prevent forbidden or restricted items from entering into the delivering channels from the source. The regime of content inspection in picking up is characterized with statutory standards, dual function and complex operations. It includes internal and external legal relationships. In internal legal relationships, the express delivery enterprises have rights to inspect items for delivery, to require the senders to testify relevant information or to refuse picking up items; and as for senders, they have to fulfill the obligations to faithfully provide relevant information about delivery items, to inform the nature of special items and to accept content inspections. In external legal relationships, both enterprises and senders undertake necessary duty of care to others’ personal and property rights. Obviously, the performance of obligations cannot be separated from the ascertainment of liabilities, so in the process of deciding liabilities, types of obligations are taken into consideration to determine specific liabilities which should be distributed reasonably between the enterprises and the senders in accordance with degrees of faults.
Key words:

Key words: obligations, express delivery service contract|safety in express delivery| content inspection in picking up| senders&rsquo