On The Issue Of Postal Damage Compensation

Postal service liability for damages is one of the main cause of postal contract disputes and also the key concern of the majority of users after the Postal Law revision. During the Postal mail client complaint cases, most of the problems are reflected in the carrier damaged goods, the goods are not insured, mail is collected on behalf of impersonator and signed by the mail caused by missing or damaged, causing economic losses to the Principal, etc. In the mail delay compensation case, Postal service Law only aimed at the express mail only then to give the explicit time limit stipulation at present. The postal service enterprise exceeds to the mail undertakes the responsibility to be suitable merely for the postal service enterprise foreign pledge time limit mail, namely the special delivery mail, other mail’s exceeding, the postal service enterprise does not undertake the liability of compensation. This view is clearly against the Postal Law provisions of the obligations of postal enterprises contrary. The postal service enterprise must draw up different deadline system for the different type of mails. If user caused the anticipation benefit because of the mail delay to suffer injury, then should obtain the corresponding compensation. On behalf of the messages sign by others which cause for the resulting liability of lost or impersonator, postal side often refused to treat based on the items have been received, the transaction has been ended. In view of this situation, in accordance with relevant laws and regulations, the postal service have the obligation to ensure that mail effectively, even in the circumstances of signed by others, it also have to confirm receipt and to identify qualification, ensure each sent mail recipients can reach, or may date back to the goods smoothly. Relevant provision of Postal Law stipulates that, once the message is caused due to errors in the work impersonator, postal services at least have to pay the consumers equal compensation. In the case of mail with sentimental value, which cannot use substances measured value, postal enterprises must be mental damage compensation.Application of the Law has been the focus of postal contract disputes, which is the legislative aspects of the controversy in the practice of continue. Simply apply the postal law or contract law of compensation determine is not correct. In the framework of existing legal norms, the postal service contract compensation disputes can be divided into several different situations and should be treated differently. Firstly, determine the insured mail is lost, damaged or deficient in cases of civil liability should apply the relevant provisions of Postal Law; Secondly, the delay in the responsibility for non-express mail Contract Law and Civil Law provisions; Lastly, the non-insured mail is lost, damaged or inner parts shortage and delay Speedpost responsibility for domestic mail processing rule limited compensation provisions or the Contract Law, Civil Law provides compensation for actual loss, must be made by a judge dealing with specific cases.