The Research On Legal Issues Of Liability For Damages In Express Service

With the development of electronic commerce,express has increasingly deeped into our daily lives.Due to the imperfect related infrastructure, inadequate laws and regulations, express brings us great convenience that become the focus of consumer complaints at the same time. Although, in2009the revision "Postal service Law" has specially stipulated the "express", which is the great breakthrough of express industry.Although the2009amendments to the "Postal service Law" specially stipulated in the "express", is a major breakthrough in the development of express industry, afterwards "Express Service Standard" has further consummated the express profession related legal regime, this rule of law is still not effective solution to many of the legal issues in the express delivery industry. especially related to express service liability of compensation. The current express service damage compensation mainly concentrates on the express item which creates in the express item delay and the violence sort damages, but the express company formulate the Bulgarian price provision and exemption premise that in form bill of lading become the shied and this causes the consumer suffered the loss of high quota actually only to obtain the extremely low compensation. To solve this problem, This article will analyze the most contentious provisions such as exemption, terms of insured, hoping express legislation can be improved in the future, and achieve the purpose of adequately safeguard the interests of consumers.This article is divided into five parts, mainly covers the following aspects:The part one elaborate the fundamental question of express service, and makes the comparison in the traditional postal service with the express service, summarizes the express service damage compensate responsibility the particularity.The part two analyzes the factor of influence express service sues for damages, mainly includes the reason that creates the express service damage compensate, subject of the claim and claim the distribution of the burden of proof.The part three emphasis on the exemption premise in the express service. Specific provisions in current express company exemption is not reasonable at all, through the contrast of exemption provided for by law and the exemption premise that stipulated by the express company.The part four analyze the problem of the guarantees price provision in the form contract that formulated by the express company.The part five analyzes our country the express laws and regulations situation as well as the existence question at the present,and propose improvement measures in future legislation, to look forward to better safeguard the interests of consumers.