Legal Problems Research On Format Articles In Domestic Express Service Contract

Over the past decades,with the rapid development of online shopping and e-commerce,express industry has been developed rapidly.Courier service contract plays an important role in the transaction.In practice,express delivery companies set up contract terms,through which they allocate the responsibility of express delivery business and the recipient.The liability of courtier companies has always been reduced through some specific terms.In the mean time,the responsibility of consumers has always been increased.The ambiguity and arbitrary interpretation of the terms are the most important reasons.And courier service contract terms more perfect terms of the provisions of the dispute is to resolve the key courier.From the legal point of view of courier service contract terms in the form of problems,and then put forward the corresponding regulatory recommendations is the author of the purpose and significance.The author hopes that through the courier service contract terms of the study,allows consumers to improve their legal awareness,and further protect the legitimate rights and interests of consumers,and promote the healthy and orderly development of the express industry.The first part of this thesis introduces the general problem of courier service contract.Firstly,it defines the contract of courier service,analyzes the nature and characteristics of courier service contract,and then expounds the definition of courier service contract,expounds the meaning.The second part of the thesis is mainly through the domestic and international courier service contract terms of regulation and legislative status of the survey and comparison,analysis of civil law and Anglo-American law on the legal system and the legal system to analyze the general situation and effectiveness of the provisions and analysis of the existence of the system value and function;The specific provisions of the courier service contract terms,so as to our courier service contract format provisions of the legal system can learn from.The third part of the thesis mainly discusses the legal issues of the courier service contract format clauses in practice.This paper analyzes the general situation of the exemption clauses in the form of clauses,the validity of restrictive clauses and the legal problems of receipt and acceptance in the process of contract performance.In the fourth part,the author puts forward some concrete suggestions on the legal problems arising in the practice of format clauses in the courier service contract by proposing the problems,analyzing the problems and proposing the research methods of resolving opinions.It is necessary to perfect and improve the legal regulation and judicial regulation of courier service contract in China,and put forward specific feasible suggestions: if the standard of courier service contract standard is valid,standard express the reasonable limit of maximum compensation,The extent to which the enterprises are reminded of their obligations,the introduction of commercial insurance systems and the strengthening of supervision by trade associations to improve them.The main conclusion of this thesis is that the format of courier service contract should be improved through the concerted efforts of all parties in order to promote the development of courier service format more perfect and comprehensive and better balanced consumers.And express the interests of both companies to protect the legitimate rights and interests of consumers,promote the healthy and orderly development of the express industry.