The Research On Compensation For Express Damage

"The Postal Law of the People's Republic of China"(hereinafter referred to as the Postal Law) has been adopted at the 8th Meeting of the Standing Committee of the eleventh National People's Congress, promulgated on April 24th, 2009,after ten years of difficult revision and effective as of October 1st 2009.The Postal Law of 1986 has not adapted to the new situation in many aspects, the provisions of the compensation system have caused a lot of controversy. The new Postal Law draws many lessons from the domestic and foreign legislative experience, combined with China's express service market on the basis of the actual situation, distinguishes the universal service and competitive business, which makes the innovation of the compensation system for express damage, fully embodies the people-oriented concert, safeguards and improves people's livelihood. It protects the legitimate rights and interests of the users of the legislative concept to meet the economic and social development. But the new Postal Law still has some problems about the compensation system of express service. It still need further study to improve the relevant regulations and standards, so as to provide authoritative guidance for people.This paper is divided into four parts. The first part discusses the implications and characteristics of the compensation system for express damage. It introduces the history and origin of the express service damage compensation system. Concerning the compensation system for express damage, it includes two aspects, one is, loss, damage or contents loss, the other, delay of mail. Finally, it focuses on the courier mail damage properties, The compensation system for express damage belongs to the responsibility of breach of contract or tort liability, or both.The second part is the analysis on current situation and problems of China's express compensation. Compared with the market of Europe and the United States, the express companies in China are still in the primary development period, lacking the infrastructures, and there are many outstanding problems in the system, policy and market environment. In addition, this paper attempts to solve the present problems of express service damage compensation system. The third part is the judicial applications of the liability for compensation, which is the key part. The judicial applications of the liability for compensation directly relate to the final judge, which is the focus in the real cases. According to the concurrence of the tort liability and liability for breach of the contract, the article studies the applicable law of the express damage compensation liability.The study of validity of format clause is the fourth part, which is the focus in the judgment of the court and affects the outcome of the trial. The paper studies the rationality of the format clause, and concludes that the format clause can not be denied generally.