Empirical Research Effectiveness By The Express Terms Of The Restrictive Compensation

Restrictive terms of compensation in today’s society was very widespread use, from the beginning of maritime transport to rail, road and air transport has its presence, with the accelerated socio-economic interactions, social relations are becoming increasingly sophisticated, too restrictive terms of compensation applied to insurance, finance, postal and other industries. Express as a row of new industries in the postal sector is developed on the basis, therefore, in most countries, the express industry restrictive indemnification provisions generally applicable to deal with business risks. These industries use restrictive terms of compensation, without exception, are documented in the contract being formatted, coupled with the lack of express industry legislation makes very difficult to guarantee the rights of consumers. When losses, damages due to restrictive terms of reference and consumers can not get actual damages accounted for one third of cases, this is our reason for concern restrictive terms of compensation.In this paper, empirical analysis from the perspective of three major parts to elaborate, the first part of the first case of the recent overall analysis of eight years, and then judge the effectiveness of restrictive terms of compensation for specialized analysis, the second part is a collection of reality Life is being used as a courier waybill classified extract and a brief analysis, described in detail in the third part restrictive terms of compensation theory and analysis of the data deficiencies and recommendations.Through analysis we found that in real life, the performance of restrictive terms of compensation, there are three:First, limit the amount of compensation, the second is to limit the scope of compensation, third limitation of time. Meanwhile, we can also be divided according to whether the insured insured limits and limitations of liability provisions are not insured liability clause two kinds. Restrictive terms of compensation shall be equal rights and obligations stipulated in the main room, not, as some scholars have said applies to postal law, it should be examined by the relevant provisions of contract law. But also because it has the characteristics of standard terms, in practice, the courts are the provisions on the review format judged to be effective. But through studies, we found. Court in its judgment process, the restrictive terms of the evaluation criteria for compensation varies judge stated reason enough many of which are unfair and unreasonable grounds rendered ineffective, which not only allows us to study when there is a certain degree of difficulty of the case The parties may also difficult to accept, causing unnecessary appeal. Reference to foreign practices, combined with the experience of other industries, I believe that in judging the effectiveness, it should be added to the risk theory and to judge the degree of fault, which not only allows us to have a more fair way to evaluate the conduct of the parties, but also can increase the Verdict extent.