The Research On Issues Of Liability For Damages In Express Service

In recent years, with the rapid development of Taobao, Jingdong Mall and other e-commerce platform, as the end of the e-commerce service industry-the courier industry has made rapid development. However, behind this rapid rise and development,it has also brought a series of problems, which about issues of liability for damages in express service are emerging, more controversial and worth studying.This paper is divided into four parts except for the introduction and conclusion:The first part describes the basic theory of liability for damages in express service and defines the basic concepts of courier service, liability for damages in express service; it briefly summarizes the features of liability for damages in express service:generally no compensate in kind, generally include only direct losses and vicarious liability is generally applicable principle; it discusses the scholars'views about the nature of liability for damages in express service and separately expounds my own point from the sender and the recipient's point of view.The second part discusses the status of liability for damages in express service from three aspects:First, it discusses the legislative status of liability for damages in express service from four levels:the laws and regulations, departmental rules and regulations, national standards, local government regulations; secondly, it briefly discusses the judicial practice status of liability for damages in express service; finally, it summarizes the main types of liability for damages in express service:damages for delay in delivery, damages for express damaged, damages for loss of express and damages for personal information leakage.Part ? reviews the five key issues of the aspect of liability for damages in express service:first, in the courier service,the interests of protecting the recipient is not comprehensive enough; second, there is a big controversy about the nature of value-insured terms in express service, which affects the ability to apply the maximum amount; third, range of liability for damages in express service is worth discussing; fourth, there are many problems in the disclaimer in express service; fifth, personal information leakage caused by courier waybill triggered damages, which is difficult to relieve.Against the problems raised by the third part, the fourth part makes a more in-depth discussion and proposes countermeasures to solve separately:First, the article makes express service contract characterized as a contract for the benefit of third party, which will effectively solve the problem of protecting the interests of the recipient; second, if the valued-insured term doesn't meet the invalid conditions and doesn't form deliberate or major harm to customers, and courier companies also fulfill their obligations to alert and interpret in the early, otherwise, the sender has the right to revoke the valued-insured term; third, in terms of the amount of compensation, under certain conditions, the judge can apply free proof doctrine, but must be very cautious. We should judge according to the situation in which both sides understand at the time of signing the contract. There is a tort liability and breach of responsibility in damages for special items. Senders should choose right following their own judgment; fourth, disclaimers must be able to comply with the principle of fairness and balance the interest between the parties; fifth, we should protect personal information as a general personality, and increased provisions relating to the personal information protection and liquidated damages in terms of format, while we should improve the new Consumer Protection Act.