Express Service Restrictive Indemnity Clause In The Contract The Validity Of The Research

In practice, Courier companies tend to through the introduction of restrictive compensation in the express service contract format terms to deal with the business risk, the format items become the key to resolve disputes, but its legitimacy and rationality has been widely questioned.In the judicial practice, court to express damages the legal basis, the validity of the valuation clause, express company whether to exercise the tips, demonstrative obligation cognizance and determine the compensation amount of understanding is not unified, often occurs in the same case verdict was different. The current academic circles to the research of this problem is relatively small, can’t provide comprehensive and systematic legal support for such problems.Based on this, tthe author wants to use the method of empirical analysis, based on the collection of specific case analysis and combing of various express enterprise service contract and the study of the theory of the restrictive compensation, summed up the restrictive terms of compensation in the process of apply the differences and disadvantages. Putting forward on the basis of perfecting relevant laws and regulations, to further improve the standard of court judge such terms of effectiveness and the other related supporting system is constructed to guarantee restrictive indemnity clause in the express service contract for the legitimacy and rationality.