Research On Problems Of Compensation For Express Damage

Postal Law of the People’s Republic of China was passed after revision on April24,2009and came into effect on October1,2009. The most notable characteristic of The new Postal Law is that it draws many lessons from the successful experience of worldwide postal service, it is operational and is of distinct and epochal feature. It distinguishes the universal service and competitive business on the basis of borrowing insights from relevant legislative experience and makes the innovation of the compensation system for express damage, which meets needs of social development and people’s living to some extent. Nonetheless, it briefly declares that "compensation for express damage out of the scope of universal postal service shall be governed by the relevant provisions of civil laws " and makes only passing reference to compensation for express damage within the scope of postal service, which is hard to provide uniform legal norms for the express market. Besides, there has been no amendment to the Rules for the Implementation of the Postal Law of the People’s Republic of China and many problems are just put on the shelf. The new Postal Law still has some problems about the compensation system of express damage and still needs further study to be modified and enhanced. This article aims to made an attempt to discuss the possible solutions to the current problems about the compensation for express damage.This paper is divided into four parts. The first part discusses the judicial perspective of the compensation for express damage, which expressed the judicial perspective in following situations:"full compensation","compensation based on rational expected loss" and "compensation based on fault liability".The second part is the theoretic analysis of the compensation for express damage, which makes the nature and connotation of the compensation for express damage clear. It elaborates the law application conflicts among The Post Law,The Contract Law and Tort Liability Law according to the nature of the compensation for express damage and the application of laws in judicial practice.The third part brings forward schemes and proposals based on analysis of current situation and problems of the compensation for express damage, which suggests to introduce the commercial insurance system, the limited compensation system and insured system to construct the perfect compensation system to sufficiently protect the legitimate rights and interests of the users.The forth part is a conclusion, briefly summarizing all the arguments of this thesis.