Research On Problems Of Compensation For Express Damage

The People’s Republic of China was implemented in April 24, 2015.The most characteristic of the revised new post law is to fully draw lessons from the successful experience of the development of the world postal industry, with the distinctive characteristics of the times and the reality of the operation. The drawing on relevant laws and legislation experience based provisions "postal enterprises of postal universal service in competing business shall separate operation", and the innovation of the system of compensation for damages, to meet the needs of economic and social development and people’s life in a certain extent. But the express loss compensation to "universal postal service scope of business mail damages, applicable to the civil law provisions and simple with, it is difficult to express service market provides unified legal guidelines. The detailed rules for the implementation of the postal law of the People’s Republic of China have yet to be amended, and many of the problems have not yet been resolved. There are still some problems need to be further modified and improved in the new postal law on the express loss compensation system. This paper aims at solving the problem of the current express loss compensation. This article is divided into three parts. The first part discusses about the courier damages to the position of justice, start from the courier company lost items of two cases, summarizes the practice court to deal with the attitude and way of this kind of case, think and ask questions. The second part is about the nature of express loss compensation liability andthe burden of proof analysis, define the meaning and nature of express loss compensation. According to the nature of express loss compensation, the postal law and contract law, as well as the contract law and tort law applicable to the conflict, as well as the judicial practice,the application of the law applicable to express the loss of compensation.The third part is based on the current situation and problems of China’s express delivery loss compensation and suggestions. Recommended the introduction of commercial insurance system and limit of indemnity,insured system and to the existing format terms regulation together constitute the perfect compensation system to fully protect the rights of users.