Research On The Liability Of Damage Compensation In Express Service Contract

In recent years, the rapid development of Internet has changed our lifestyle.Many E-commerce web sites such as taobao, and jingdong get the favor of people, as a result the follow-up service of the online shopping-the Courier service has developed rapidly. Traditional Courier companies has expanded their market scale by mergers and cooperation, meanwhile many new Courier companies ready to get a piece of the pie in the market.However,with the rising prosperity in express delivery market, more and more express express deliveries are damaged, lost or delayed which damaged the interests of consumers.Although in 2009 the new postal law was carried out and the specific rules on the express delivery business were written in the sixth chapter, the damages can be applied according to the fifth chapter, its effect was rather limited. At present, there are many problems which hampers its development,for example the unsound laws and regulations, ineffectiveness, the lack of special supervision and so on.The paper can be divided into four parts. In the introduction the author introduces the development situation of the online shopping and delivery service in 2014 which indicates the existing problems.The first part is the overview on damage compensation responsibility. Firstly the author analyzes the nature of the service contract. Although it is a kind of special form of the contract of carriage of goods, but there are many differences between it and other contracts of carriage of goods.The author reckons that it emphasizes on the third person interest, and give the recipient the right of direct claim which protects the interests of the recipient.lt is followed by the analysis of the nature of the damage compensation liability.The viewpoint can be divided into four kinds,namely the responsibility of breach of contract, the tort liability,the competition and competition.The author believe that the last point of view is much more reasonable.Then the author introduces the forms of the damages from four aspects such as the damages, the delay, and the leak of customers’ information.Finally the author elaborates the damage bearer and introduces their obligations and relief.The second part is about the current legislation and existing problems of the liability for damages of the contract the express delivery service in our country. The third part expounds the effect of the format terms to the express damage compensation liability in the service contract.The author argues that the existence of the valuation clause has great significance and there are no invalid situations on the limited indemnity clause. Both of them maintains the fairness of the law.In the fourth part the author puts forward the improvement of the liability to pay compensation.lt is illustrated respectively from the formulation of special laws of the express business in our country, the perfection of the valuation terms and the supervision of the employees. The last part is the epilogue.