Research On The Judicial Regulation For Standard Clauses Of Express Service Contract

As an important part in the transaction process,express service contract is mainly composed of standard clauses.On the one hand,a large number of pre-stipulated standard clauses has brought great convenience for the transaction.On the other hand,which unfair standard clauses also led to various disputes in practice.Compared with the express companies,consumers are often in a disadvantaged position in terms of contracting capacity,contracting opportunities,information gathering,etc..This also makes express companies have an oppotunity to stipulated a series of standard clauses to protect their own interests and avoid legal obligations.Inconsistent with the disputes,our current legislation is imperfect and also lack of judicial practice experience.So in the judicial adjudication,disputes often arising in judgment on the same standard clauses and the application of the law,which seriously affected the credibility of the judiciary,also violated consumers' benefit.Therefore,in the current legal situation,to regulate this problem from a judicial point is very important.So first of all,some typical problems in exclusion standard clauses of express service are put forward by case study.And then,the guiding principles of judicial regulation are investigated in theory.At last,the reasonably way and some suggests to regulate problems of the three rules of judicial regulation is focused elaborated.There are five parts in the body of this paper:The first part is raise questions.Based the cases nearly three years from December 20,2013 to December 20,2016,in order to analysis of the current judicial practice for the relevant issues of the judgments and the reasons,which leads to the problem.The second part is mainly discusses the principles of the judicial regulation.Based the general and particularity nature of standard clauses of express service contract,this part put forward three priniples of its judicial regulation,namely,the principle of good faith,fairness and special protection of consumer.Through the principle to guide the judicial regulation for standard clauses of express service contract.The third part is the validity of standard clauses.As an important part of judicial regulation,the validity of standard clauses has always been the focus of theorists and judicature circles.This part divided the validity of standard clauses into three categories,namely,effective,absolutely null and void,revocable.And also analyses the clauses which the provider fail to remind and explain to relative person and the clasuses of absolutely null and void and revocable.The forth part closely on the basis of last part,in the way of extract representative type,analysing some representative standard clauses of express service contract,such as valuation clause,the compensation standard fo no valuation express clasus.In order to guide the judicial practice.The last part aims at solving the problems,based on the discussion above.Firstly,the judge need to have a deep understanding of the order of judicial regulation of the standard clauses:whether standard clauses become to be one part of the contract,the validity of standard clauses and the explanation of standard clauses.Then our country can according to the theory of other countries and regions to enrich and regularize the judicial control of the standard clauses.Lastly,the Supreme people's court should make necessary judicial interpretations and publish guiding cases.