| Currently, China’s express delivery market entities are diversified into state-owned, private enterprises and joint ventures. The growth rate of the express industry will remain at a high level, stimulated by electronic commerce in particular, on the background of promoting the endogenous motive force of economy and stimulating domestic demand. The trading volume on Tmall Platform hit 57.1 billion yuan during its “11.11” promotion in 2014 which was written into the Guinness Book of Records. In the meantime, the express industry benefited enormously from it. By 24:00, the number of parcels received by Rookie Network Technology Co. Ltd., which is lead by Alibaba Group in its establishment, reached 27.8 billion from a single day’s trade in November 11 th, 2014. In addition, YTO Express received 25.3 million parcels, STO Express 30.5 million, ZTO Express 24.2 million and Yunda Express receiving 20.6 million. State Statistical Bureau expected that the parcels delivered reach 19.6 billion, which will be a 40% year by year increase. Meanwhile, the income of the express industry is expected to reach 265 billion, increasing by 30% in 2015.With the development of the express industry, the delay, damage and loss of express items still comprise of the main complaints from consumers. The Postal Law revised in 2009 stipulated that the damages to express items apply a different rule from post mail in compensation. The Procedures for the Administration on Express Delivery Market and the National Standards for Express Service were promulgated, but senders can not get equal compensation for the actual damages. The Decision on the Amending the Postal Law of the People’s Republic of China passed on October 26 th,2012 is the latest edition of the Postal Law by far. But what was revised in this edition was only the administrative system on postal service. Specifically, the decision of founding sub-provincial administrative body of postal service was included into the 4th article so that a three-stage authorizing system is formed jointly with administrative bodies from State Council, provincial and sub-provincial level.The thesis is to put forward the shortcomings on the regular deeds on the compensation for damages to express items and is dedicated to find better solutions to them, so that the rights of senders and receivers are protected and the healthy development of the express industry ensured in the meantime.This thesis mainly includes the following four parts:Part I, the legal relationship of express services and compensation liability for damages to express items. Firstly, it discusses legal relationship of express services to elucidate the conception of express services, and the differences of it from universal postal services. And the rights and obligations of related subject are further analyzed. Secondly, it narrates the nature of compensation reliability for damages to express items.Part II, the contents of compensation for damage to express items. The object of the damages,namely the express items, shall be classified theoretically and be compliance with the law. The causes for damages include not only the loss, damage, inconsistence of express items, but also the delay of express items. The subjects that exercise the rights of claim for damage compensation varies with acts of infringement or breach of contract.Part III, analysis on the current situation of the compensation for damages to express items. It involves expositions on current laws and regulations, rules, relative standards concerning the issues of compensation for damages and their deficiencies, and points out the problems of value-insured system and limited compensation in express industry.Part IV, suggestions on the improving of the compensation system of express items damaging. In view of the deficiencies on the legislation on the compensation for express items damaging, the respect for value-insured appointment is proposed and the regulatory items over limited compensation at the non-value-insured circumstances shall be annulled. |
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