The Research On Issues Of Liability For Damages In Express Service

Express service as an emerging industry,which greatly changed people's way of life.Through perfect cohesion with e-commerce,it brings great convenience to people.However,to be noticed,the number of express damage disputes is rising every year in our country.The reason for this problems is not only because of the imperfect infrastructure of the company itself,it is also for the loss of the law in express service compensation system of our country.With this loophole,the express service company always take advantage of model contract,especially exceptions on the contract,which help them escape the liability for the damages of express service and make it more difficult for consumers to gain the proper compensation.Even though the consumer filed suit against express service company,with the loophole of the law,it is still hard to make the consume satisfaction and sometimes it even can result in unfairness,the same case may have different consequence.To save this problem,this paper use the method of contrastive analysis and instructive analysis.With the introduction of compensation system of express service company in foreign country and considering the reality of our country,the paper hope it can help our country to clarify the law and make the kind of this disputes less and less.The paper has been divided into five parts,mainly including the following aspects:The second chapter make a brief introduction about the damage of express service and compared it to the traditional postal service by analyzing the types,characters and etc.The third chapter summarizes the problem and loophole of law in express service,analyzing the current situation of express service in our country,especially the compensation system including the claim subjects,liability subjects and exemption.The fourth chapter focuses on the standard items in express service contract and restrictive clauses,finding the validity of these items and make a conclusion.The fifth chapter introduces the foreign express service compensation mechanism,mainly involving the United States,Australia,Japan,Germany and England in order to draw enlightenment to improver express compensation system in our country.The sixth chapter tries to make some efficient advises to build the compensation system in our country,make the development of this industry more healthy.