On The Duty Of Verifying The Goods’ Value For Carrier Of Express Contract

Since the1990s, China’s express delivery industry has experienced rapid development. According to the National Bureau of Statistics, the society as a whole express total business volume of3.433million in1990, and this indicator is1858million in2009, rising5.09million as daily averagement. On August2011, the whole society had totaled2191million of the courier business. It is increasing76.47%in2009. Along with the rapid development of the express delivery industry, it is the growing civil disputes. However, after studying many cases in judicial practice tend to be slightly less than the level of the referee express disputes. It will not only conducive to the implementation of the law, but also not conducive to protecting the interests of the parties of the contract. As a result, I decided to write a paper on the courier disputes within the framework of contract law.I carry out this study material comes mainly from three aspects:Firstly, it is contract law, civil laws and regulations, trade laws and regulations, industry standards. Secondly, I put together express disputes, civil judgments, ruling as a judicial practice research material. Thirdly, I have accumulated experience in the industry in the process of the Shunfeng (SF) Company to make this study more realistic and practical.The first part mainly consists of three aspects:First, start with a study from the contract of carriage, and the introduction of the theory of risk, predictable and information symmetry. Second, detail express contract has a universal character. Third, given a conception of express disputes and analyzing the basic types. In this section, I unable to give the concept of express contract, mainly because there is less domestic research in this area resulting lack of reference, and it is still in the scope of the contract of carriage. But I proposed:express contract is a contract of carriage of a universal common characteristic.In the second part introduces the domestic and international courier disputes legislation and judicial practice profiles. Including a case to case law country, statute law countries legislation and the legislative and judicial practice the status quo.The third part is the core of this article, namely the particularity of the express contractual legal relationship. The core of which is to analyze the contents of the express contractual legal relationship, including:the rights and obligations of the carrier’s rights, rights and obligations of the shipper and consignee. Discussion in this part is more comprehensive and detailed the author mainly from the provisions of the law, the parties to the contract agreement, business practices, as well as other complementary aspects.The fourth part is the highlights of this article. After studying civil judgment, ruling, I summed up the four typical issues that plagued the relevant researchers in the current judicial practice. First, a shipper can not be posted and delivered more than express the value of the contract limit care cloakroom. Second, care delivery concerns over quota cloakroom should be insured. Third, the terms of the limit of compensation are not only legitimate, but also necessary. The carrier did not audit the ability and obligation to care cloakroom value. Full understanding and knowledgement of these four problems, improved the judicial practice of China’s resolve courier disputes.The fifth part is mainly based on practice, and excerpt of a typical case of three representatives, using the theoretical point of view of this article, analyzing the lies of the focus of debate and analysis of its judicial decisions. These three cases is the case in question about the effectiveness of the terms of the insured, the case of the effectiveness of the limits of compensation terms and the carrier did not audit the ability to care cloakroom value and obligations. These three cases in the reality of judicial practice is highly representative, always reflect the current status of judicial practice. The author believes that such a study with a very strong practical guiding is significance.The inadequacies of this article is limited to the level of the author’s theory and study, this thesis related to slightly less than the theoretical support.