The Research On The Liability For Damages Of Express Service

In recent years,with the rapid development of China's express delivery market,the number of compensation cases arising from the delay,loss,damage or infringement in express service is increasing year by year.Express service industry claims has been one of the social attention.In the express compensation system,our country promulgated in 2009 "the law of the People's Republic of China postal law"only made the rules of the quoted:Express damage compensation shall be applicable to the provisions of the civil law,which shall apply"The general principles of the civil law" "Contract law" "Tort liability law"and "the civil procedure law" and other relevant regulations.In addition,in the appendix to the rules in the national standard of the express service,made the guiding rules of damage for express service,but due to the express service standards of the state is recommended,can only as a guide rules,so cannot be forced to express companies and consumers.As a result,the express as a kind of new industry,brings convenience to people's life,but also causes a lot of legal disputes.Because of the law is not specific enough,Often leads to the consequences of responsibility assignment is unreasonable in judicial practice.because of the responsible subject is not be realized clearly by consumers,it is difficult for consumers to find responsible subject to protect their legitimate rights exactly.This article will focus on express service some controversial problems of damage compensation liability for exploratory research,hope to be able to cause scholars focus on legal issues of express service indemnity,so as to regulate express service industry better.This article will focus on some express service controversial problems of damage compensation liability for exploratory research,hope to draw attention from scholars focus on legal issues of express service indemnity,so as to be regulate express service industry better.Full text is divided into four parts mainly including the following aspects:the first part is about the concept of express service damages compensation liability,analyze the cause of responsibility and summed up some characteristic of the express damage compensation liability is different from the common civil liability.In second part,the author mainly discuss the principles of liability and responsible subject of the express damage compensation liability based on the first part.In the third part,the author discuss the valuation clause of express bill and the the rules of express damage compensation liability under the valuation system.The last part summarizes the problems of express damage compensation liability,and put forward some relevant suggestions.