Study On The Insured Terms Of The Courier Service Contracts

March 1, 2013 the formal implementation of the "express delivery market management approach" has been on the 2008 introduction of the "express delivery market management approach" is not to protect the price of goods on to found to be invalid in terms of the decision to triple International liability limits as prescribed, but this decision does not address the validity of the terms of insured fundamentally. Therefore, we will discuss this paper is divided into four parts courier service contracts insured terms.The first part describes the courier service contracts insured terms outlined what is insured terms, the theory comes from what system, what nature has insured the terms. Insured clause is the carrier’s liability provisions of the quota system from the "Hague Rules" derived from, but with still different, courier services contract insured clause is in the courier service to send the parties before signing a service contract, the consumer who must send the items to the value declared in the declared value based courier company insured in accordance with the rates charged an additional fee for insured mailing(not including shipping), once cargo damage occurs, courier companies need to compensation in accordance with the declared value. Terms insured courier express company is prepared in advance in terms express a single detail, and therefore insured express provision is a typical standard terms; study of its generating source, express insured limit of compensation clause is an exception to liability regime.The second part of two express insured Terms dispute case, for example, lead to the most significant problem insured terms of delivery and presence of other urgent problems. Both cases focus of debate is how to guarantee the effectiveness of the price terms, the effectiveness of insured provisions identified key point to solve the courier insured Disputes. In addition to the effectiveness of identified problems, there are now insured express terms of the following problems: domestic law and no authority systematic effect on the express terms of insured still widespread doubts insured express terms easily overlooked, insured costs not standardized, the burden of proof liability rules are not clear and express delivery companies use insured Terms evade responsibility.The third part analyzes the main mediator of China’s express delivery service contract price clause exists rationality. Although China’s express delivery insured terms are still many problems, the new "express delivery market management approach" will also not insured provisions invalid identification, but also from the current domestic courier insured Terms of use situation, people feel insured provisions does not express to China industry has played a positive role. In fact, the terms of the introduction of the insured courier service contract has become an international practice, play a very important role in all the courier industry in developed countries, it is worth our reference, so that insured Conditions Help China’s express delivery industry is more developed. Therefore, I believe, Insured clause exists in China’s express delivery industry with rationality, and from the principle of fairness, and the principle of economic autonomy means to demonstrate its legitimacy.The fourth part of China’s express delivery service contract price terms PICC Legislation has been elaborated. For the second part of this section set forth in the current China’s express delivery insured presents problems in terms of the corresponding settlement proposal, the author recommends the following aspects from further put forward a sound system of express insured: First, the system of legislative authority preparation; second, to ensure the effectiveness of the price terms were clearly defined; and third, by the national price department of the insured costs of standardization; fourth, the law clearly states the burden of proof rules; fifth, to promote and protect the price clause from the legislation in the courier industry the institutionalized.