On The Typification Of Express Service Contract

Throughout the development history of express delivery service industries around the world,China's express delivery service industry started comparatively late,but due to the rapid development of the e-commerce industry in recent years,especially in the increasingly large e-commerce giants such as Alibaba and Jingdong,The express delivery service industry in China has developed rapidly.With the increasingly powerful express service industry in the modern e-commerce industry,it has become increasingly popular and infiltrated into various industries throughout the country,bringing great convenience to daily production and life.Moreover,it occupies a very important position in social and economic development.The express delivery service industry is increasingly becoming an important member of the national economy.However,express delivery service is also a “double-edged sword”.Although its rapid development has brought a lot of benefits to social development,the increasing number of express service contract disputes has become a problem that cannot be ignored.The increase in the number of courier service disputes also reflects the lagging nature of the law.At present,the adjustment of courier service contract disputes in judicial practice mainly refers to the provisions of the General Principles of the Civil Law and the Contract Law,similar contracts in the law and related Administrative regulations,etc.,lack specific legal provisions for express service contracts.The standards of the referees are not uniform,and they are lack of pertinence and operability.In practice,the same cases often appear with different results of judges,which consumes a lot of judicial resources.At the same time,they cause the parties to have unforeseen consequences of breach of contract and increase the cost of breach of contract.The healthy development of China's express delivery service industry is not conducive to improving the relevant legal system.Therefore,it is necessary for China to put the express service contract on the legislative agenda and improve our civil legislation.First of all,this article discusses the preconditions of legislation,the urgency of legislation and the legislative significance of express service contracts.This part first analyzes the basic legislative preconditions of the express service contract itself,and then analyzes the legislative urgency from the aspects of the status quo of express service contract disputes and the current relevant legal norms.Finally,it elaborates in detail.Courier service contracts have positive legislative value.Second,this article describes the legal nature of the express service contract.This section first identified the legal relationship of the express service contract,and then analyzed the various essential differences between its similarly-known contracts to show its unique legal attributes.Again,this article builds the rights and obligations of the contract entity.This part combines the actual characteristics of the express service contract itself,and builds in detail the respective rights and obligations of the parties to the contract and the recipients involved in the contract.Finally,this paper introduces and reconstructs the two most important contents of the risk burden and price-insure clause of the express service contract.The two parts of the express service contract are featured in the express service contract.Rebuilding helps to balance the interests of all parties.The typification of the express service contract can promote the sustained and healthy development of the express delivery service industry in China,and continuously add fresh vitality to the development of China's national economy.It will also greatly contribute to the improvement of China's civil legal system.This article hopes that through the author's limited research on the typification of the express delivery service contract,it will provide a little immature advice on the legislation,in order to play a valuable role.