Research On The Legal Regulation For Exclusion Standard Clauses Of Express Service Conduct In China

As emerging service industries, express service has been a part of various industriesof the national economy and people’s daily life. Especially since the continuousdevelopment of e-commerce, with the rapid development of this industry, certainproblems are leading to more and more disputes, resulting in many losses to both expressservice enterprises and consumers. In addition, because of the imperfection of the lawand the lack of experience in judicial practice, those litigations cannot be solved well. Sowe should pay more attention to this situation.As an important part in the transaction process, express service contract play a veryimportant role in the conduct of the transaction and the resolution of disputes. And, theexclusion clauses are the key to the dispute resolution process, which involving theallocation of responsibilities between both sides. So, to regulate it from a legal point is apressing problem. But now in the academic community, there isn’t much specializedresearch in this field, and it is lack of those theories which is systematic or available toguide practice. So, firstly some typical problems in exclusion standard clauses of expressservice are summered by investigating and reading. And then jurisprudence is exploredby case study. At last, the way to regulate those problems reasonably is focusedelaborated. This thesis includes these following sections:The first part is the theoretical review. At first, the concept, nature and application oflaw is described and defined. Then, the definition of exclusion standard clauses ofexpress service is disserted. At last, at the base of investigation results, the generalsituation of exclusion standard clauses of express service is summarized.The second part is case study. Three jurisprudences from different focal points areselected. Since the specific legal law against express service contracts is still relativelylacking, and judicial practice experience is not rich enough, case study not only makesthose foregoing problems concrete, but also provides a basis for the next part.The third part is regulation measures. Those measures include two aspects. Oneaspect is to propose the way about how to order, interpretive and regulate exclusion clauses from the point of conduct law, which is the important part in the court cases.Another one is to propose some suggestions from the other aspects, including disputesettlement mechanism, industry self-regulation, and administrative supervision and soon.