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A Study On The Legal Problems Of Civil Damage Compensation

Posted on:2016-12-05Degree:MasterType:Thesis
Country:ChinaCandidate:L YangFull Text:PDF
GTID:2176330461979960Subject:Law
Abstract/Summary:PDF Full Text Request
China’s express delivery business break through 10 billion until October 20th,2014. On one hand people benefit from the development of expressage which brings them convenience in daily life, on the other hand the consumers’ rights and interests are violated now.When consumers are damaged, the difficulty of obtaining compensation has caused wide attention of the society.In order to solve the problems of the compensation issues, based on the summary and analysis of previous researches, this study explains the legal relationship of express delivery damages, and describes the meaning of damage compensation, the determination of damages of the parties and the problem of imputation principle specifically by the way of the analysis of many cases and interviews with related staff of Courier companies.The thesis is divided into three parts besides the introduction.The first part analyzes the meaning and nature of civil damage compensation. By analyzing what is express delivery and the reason what caused legal relationship of express delivery damages,the author defined the legal relationship of express delivery damages is the express delay and damaged during the express companie’s cause losses to consumers or others,the express company shall be liable for damages in accordance with the regulations.Express delivery damages naturally belongs to the concurrence of tort liability and liability for breach of contract. When consumer has the responsibility of damage liability, he can choose the right to claim the loss of their compensation.Part two has clearly defined the parties of damages and the principles of imputation, the holder and the obligor of the damage compensation are different according to the responsibility of damage compensation and default damage compensation. In order to protect the interests of the victim, it is suggested that the principle of infringement express imputation will adopt the fault liability principle.Delivery of services in the third part in view of the controversial problems such as the valuation and the maximum compensation, the author thinks that the Courier companies has the responsibility to remind customers reasonably, at the same time, the valuation clause is effective; Express in transit, have a certain risk, ask express companies charge low postage bear high risk at the same time, this is not fair, Courier companies limit compensation is reasonable, but can’t deny the express enterprise low compensation standard, refer to the transportation and logistics industry in our country stipulated in the standard of compensation, to determine the legal rather than agreed reasonably limit compensation standards.
Keywords/Search Tags:Express, Damage Compensate, The principle of imputation, Insured postal, Maximum damage compensation
PDF Full Text Request
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