Research On The Legal Issues On The Exercise Of Consumers' Right To Claim In Express Delivery Services

After ten years of continuous and rapid development,China's express delivery industry is still running at a high speed,and express service has increasingly penetrated into the daily life of adults.In order to further standardize the express industry,express consumers' legitimate rights and interests maintenance,1 May 2018 new issued provisional regulations on the express,the regulation on protecting the legal rights and interests of express consumer arrangement,there are many breakthroughs,but the provisions of express service consumers claim the more general,weak operability,cause there are many disputes on some issues,in practice there are connection with different phenomenon.Based on this background,this paper starts from the most fundamental and important right of express service consumers--the right to claim compensation.Courier service consumers were introduced in this paper the particularity of claims,and around the cases for express service consumers claims are based on whether the responsibility of the qualitative and the burden of proof should be upside down,and no valuation express limit the effectiveness of the indemnity clause and the amount of claims that are studied,in order to practice express service to provide some theoretical Suggestions on the solution of the dispute.This paper is divided into four parts:The first part analyzes the basic problems of consumer claim right in express service.First claim for Courier service consumers and its particularity in the definition of a defined,introduce Courier service consumers in the form of case the exercise of the actual situation of each claim,and consumers to express service claims related subject analysis,clear in addition to send a contract as a main body the sender claims,not express service contract party recipient can also become a subject of claim.The claim object shall be the enterprise providing express service.If the enterprise actually providing express service is inconsistent with the trademark,name or enterprise indicated on the express waybill,the enterprise to which the trademark,name or express waybill belongs shall also become the claim object.Secondly,it analyzes the relevant legal provisions of consumer claim right in express service in China,and finally introduces the realization of consumer claim right in express service in China and the necessity of protection.The second part analyzes the validity of the limitation compensation clause of uninsured express delivery.Firstly,the article introduces the provisions of the principle of limited compensation in the law of transportation industry,and analyzes the rationality of the principle of limited compensation.Secondly,the validity of uninsured limit compensation clause is studied.The author believes that if the uninsured limit compensation clause is fair and reasonable,and the express company has fulfilled the obligation of reasonable prompt and explanation,the clause should be considered effective.However,at present,many express delivery enterprises make use of their advantages in formulating standard terms and formulate uninsured limit compensation clauses that do not conform to the principle of fairness.Therefore,the author will discuss the elements that effective limit compensation clauses should have in this paper.The third part analyzes the identification of the burden of proof.In order to clarify the distribution of the burden of proof,first define the nature of the liability on which the consumer's claim for compensation of express service is based.The author supports the view that tort liability and liability for breach of contract concurred,that is,the choice is given to express consumers,express consumers can choose the cause of action according to the situation of their own cases.For example,when such as graduation certificate,photos and other types of express lost,the right owner can choose to ask the other party to assume tort liability and put forward the spiritual damage compensation.However,since the whole process and information of express delivery are in the hands of express delivery companies,it is obviously unfair to require the claimant to prove,so it is suggested that the inversion of the burden of proof should be applied in handling such cases.The fourth part focuses on the analysis of claim amount identification.First of all,the principle of loss identification is analyzed.Secondly,it determines the circumstances of exemption from liability,including contract agreement,legal provisions and limitation.Finally,the scope of compensation should include direct loss and indirect loss.In case of loss or damage of special goods,when consumers of express delivery services demand express delivery enterprises to assume tort liability,the compensation scope shall also include mental damage according to the actual situation of the case.