Research Of Remedy Approach To Private Courier Contract Defects

Now using express has become a way of life, but the increasing of express service defects have caused a lot of troubles. The complaint of consumers mainly concentrated in the destruction, loss, delays of express delivery and so on. Although we have the “Postal Law”, “Courier Service Standards” and “Express market management approach” and other laws and specifications to regulate the express delivery industry's behavior, the supervision still remains at the macro level. Except for “Contract Law”, “Tort Compensation Law” and “Civil Law”, we don't have specific laws to help consumers to make full rights. Accordingly, combined with some typical cases of judicial practice, the paper will discuss the remedy of private courier services using the semantic analysis, empirical research and comparative study method as followings,In part 1, this part will summarize the development and characteristics of private courier enterprise in our country. And then we will describe the relevant regulations of the current law on express delivery service.In part 2, to card the legal relations of the private courier service contract, firstly, we will define the legal nature of the private courier service. And then we discuss the rights and obligations of the sender, express enterprises and recipients in detail. In addition, we discuss the factors of liability based on the state of contract breaking and tort, analyzing relevant exemption.In part 3, we carry on in-depth analysis the legal responsibility of private courier service contract's defects. Firstly, this part will discuss the perspective of the imputation principles and scope of responsibility. And then we will analysis the three kinds liability status of contract defects. Finally, we will discuss the liability for private courier service defects based on the vision of perspective of legal and contract.In part 4, firstly, we will make the definition of private courier service, according to the related theory of defective service judgment. In addition, introduce three types of existing defective delivery service on the basis of statistic data of courier industry complains and analyze the reasons. Finally, this part will analyze several typical cases' focus of debates and the judgment of court to clarify the current judicial remedy plight of the express service.In part 5, In view of mentioned above, on the basis of lessons from foreign private courier service relief path, our legal suggestions to improve Chinese relief path of private express service defects is that refining of the internal environment of contract, for example, improving the price terms system.