The Study On The Liability Of Express Company For Goods Loss Or Damage To Pay Compensation

To solve the courier service dispute is inseparable from the application of the law.However,China's legislation is not clear for the uninsured price of compensation which should be applicable to the "Postal Law","Contract Law" or "Tort Liability Law" and other relevant civil laws.In practice,a lot of courier service dispute cases because of unsold express mail lost,damaged or other causes.Express company liability may be breach of contract liability,tort liability or liability for breach of contract and tort liability.When consumers express mail lost or damaged,they can through breach of contract or tort liability to carry out relief.Giving consumers the right to choose,is conducive to better safeguard the legitimate rights and interests of consumers.Judicial practice,for courier service dispute cases,different courts or judges exist in the case of different cases.This is mainly due to the different courts and judges in the trial of cases,there are different legal provisions and restrictions on the validity of the provisions of the different claims,and the scope of the compensation is not clear,and the subject of compensation for the subject of uncertainty and other issues.Therefore,it is necessary to integrate the existing laws and regulations on the express delivery industry and clear express damages for the application of the law;In addition,whenjudging the validity of the limitation clause,it shall be judged in accordance with the provisions of the Contract Law;To determine the actual value of the express delivery,the need to send the relevant evidence of the sender,the courier company to register the value of the shipment,and for indirect damage with reference to the foreseeable rules;Finally,We need to expand and clear the scope of the main qualifications which can ask the express company to bear the liability.With the express industry in China in the rapid development,China should be as soon as possible to improve the "Postal Law" in the express delivery industry,the relevant provisions of the express industry or specialized legislation.This will achieve the promotion of express delivery industry and the healthy development of consumer rights and interests of a win-win situation.