Research on Legal Issues of Express Collection in the “Last-Mile”of Logistics Distribution System
——Constructing the Legal Framework of Collection Based on the Perspective of Cost-sharing of the Express Collection
SU Jin
（East China University of Political Science and Law，Shanghai200042，China）
Abstract：As the new way in the“last-mile”of logistics distribution system，express collection solves the some problems of “time difference”and the“location difference”，such as the problem of cost，information leakage，and personal and property safety. However，because of such factors as the not clear ex ante appointment，and the not clear legal standard in related fields， the new way brings us with the new problem---“delivery time difference”，and it leads to new legal risks. To prevent and reduce legal disputes，effectively deal with these legal disputes in express collection，reduce unnecessary legal risk cost，we should construct the comparatively stable legal framework for express collection based on the relation laws of express collection，and establish the clear legal relation for express collection. For the indirect relation in legal nexus of express collection based on contractual obligation，the express company and the third party should sign the agent contract of consignation，and regulate related behaviors；and for the direct relation in legal nexus of express collection based on contractual obligation，the third party and the receivers should sign the agent contract of consignation，and avoid the relation of deposit contract. For Negotiorum Gestio or Gefalligkeitsverhaltnis in legal nexus of express collection based on non- contractual obligation，the counterparties should negotiate related risk and understand each other based on the fact and the principle of being honest；for legal nexus of express collection based on non- contractual obligation，we should make the receivers or express companies to shoulder the related responsibilities according to the fact.
Key words：express collection；legal relation；risk transfer；collection cost；cost-sharing