The Research On Damage Liability Of Express Service Providers

With the development of express delivery services as well as changes in people's lifestyles,express delivery has become an indispensable part of people's lives.Express delivery services as China's market economy in the development of emerging industries,in the course of its development,the quality of express delivery service uneven,resulting in a large number of express delivery damage compensation disputes.This paper analyzes the causes of the damage liability of the express service provider,the nature of the damages in the courier service,and the damages for damages and the damages for infringement.From the two types of restrictive compensation in terms of insured and non-insured format to explore the provisions of the current courier service damages in the format of the existing problems,and finally combined with the above point of view to further improve the express delivery service provider damage liability recommendations,in order to express service industry makes the socialist market economy can develop in a healthy and civilized.This paper is divided into four parts in addition to the introduction.The first part elaborates the courier service provider and its liability for damages.To discuss the concepts and qualifications of courier service providers,qualifications,classifications and services,and the concept and characteristics of express liability for express delivery service providers.The second part analyzes the origin and the range of the liability of express delivery service provider,Mainly from the courier service provider default damages and courier service provider infringement damages from the perspective of the courier service provider damage to the direct loss and indirect losses.The third part of the courier service provider to assess the form of liability and bear the responsibility of courier service providers in the form of liability for damages,including courier service providers to compensate the legal form of liability and agreed form.The express liability of the express delivery service provider shall inclu--de the commitment of the express delivery service provider's liability for breach of contract and the commitment of the express service provider to tort liability.The fourth part draws out the problems and perfect methods of the liability system of express service providers in China according to the above three parts.The issue of liability system of express courier service providers in China includes the specification of liability for damages for express delivery service providers and the commitment of express service providers' liability for damages.The improvement of liability system of express service provider in our country includes the unification of liability system,the clarity of burden of proof and the specification of format clause.