Research On The Issue Of Damages Mailed Items

The postal service industry as our basic service department, undertake to ensurefreedom of correspondence function, along with the progress and development of thetimes, the scope of business and the postal service industry provides more widely. But itis precisely because the rapid promotion of the scope of business, leading to the relevantlaws and regulations and policy lag can not given timely maintenance. Although the"Postal Law" was revised for a while, amended some mail items loss compensationsystem, in a certain extent, reflects the people-oriented, to protect the people’s livelihood,security post user rights, maintaining the healthy development of postal enterprisephilosophy. But the "Postal Law" in the provisions on mail items loss compensation isstill need further research and discussion.This paper is divided into four parts. The first part introduces related concept ofmail items loss and made the property liability for loss of mail items clear. Make theconcept of the mail items lost clear, and determined the relationship of postal service,laying the theoretical foundation for determining the nature of mail items lossresponsibility. Determin the nature of mail items liability for damages is the key tosolve the problem.The second part introduces the imputation principles of liability for damages ofmail items and components. First introduces several existing in the academic circles ofimputation principle theory, and then clear the mailed items loss compensation liability.Compared with each other through the breach liability and tort liability way, discussesthe elements in different imputation principles under the guidance.The third part introduces the issues related to claims of mail items loss. It mainlyincludes the claim rights, claims to determine the time, programs etc.. Analysis of theexemption clause in the mail items of postal enterprises in reducing damages andliability, and the exemption clause in the postal service contract and reduce the post responsibility and the establishment of the potency determination.The fourth part provides suggestions to the postal users more comprehensiveprotection of the legitimate rights and interests of how to reduce the loss of mail itemsmay be. Hope these strategies can help to solve the problems related to the loss of mailitems.