The Research On The Compensation Of The Express Service’s Damages

Express service as an emerging industry greatly changed people’s way of life, with perfect cohesion of e-commerce but also brought great convenience to people. But need to notice, our country every year for express service damage compensation dispute has been rise, in addition to the cause of the express service itself imperfect infrastructure, the express service compensation system in our country at present is the present situation of the legislation, the effectiveness level is differ, the express service enterprise on its own formulate different damage compensation standard, and use of Express services waybill previously made all kinds of exceptions, make it hard for express service consumer is when the loss to a satisfactory compensation.Even if consumers can express service enterprise violate appealed to the court, but because of the unclear law unification, the court judge choosing applicable law in the exercise of discretionary power of different result in connection with the result of the different sentence, the chaos that express service for damages is hard to get effective solution. In order to solve this problem, this paper express service for damages of some of the most contentious issues, such as the exemption for study, valuation restrictive compensation terms, etc, hope to be able to in the delivery of services in the later legislation to revise play a role, eventually achieve the safeguarding of consumers’ legal rights.Full text is divided into five parts, mainly including the following aspects:The first chapter makes a brief introduction to the Courier service for damages for, and will express service compared with the traditional postal universal service compensation, in a more clear distinction between the particularity of Courier service for damages.The second chapter expounds the present situation of China’s express service damages including the current Courier service the cause of the damage compensation and its basic types.The third chapter the current situation of the express service damage compensation legislation of our country are studied, including the current relevant express service compensation under the framework of legal norms and legal subject, distribution of burden of proof, exemption reason and so on.The fourth chapter comprehensively analyzes the express service format clauses in damages. From the restrictions of law about general format clauses, analyzes the express service waybill on the format of the express service indemnity clause, and analyzes the valuation and valuation restrictive provisions for compensation.The fifth chapter summarizes the problem of express service damage compensation in our country, and put forward the improvement measures in the legislation in the future, in order to better safeguard the legitimate rights and interests of consumers.