Study On Liability Compensation For Damage Caused By Express Delivery

In our life,it is not strange when we hear that the incidents of loss and damage of express delivery.With the development of the express industry,such disputes will only be more and more.However,the current law on compensation for express delivery is only forty-fifth,second of the postal law.Because those items are so simple and hard to operate.There is a lot of controversy about some problems.For example th e qu a l i f i c a t i o n of th e exp r e s s ri g h t h o l d e r,t h e na t u r e of th e l i a b i l i t y fo r compensation,the validity of the insured clause,the principle of the express limit compensation,etc.Those question are no consensus in the theorists.In practice,there are also different judgment of the same case.The ideas of mine as follows:In the first,The nature of the liability for damages should be determined.There is three views of the nature of the responsibility in theorists.They are tort liability,liability for breach of contract,tort liability and liability for breach of contract.I think it is the tort liability and liability for breach of contract.The right of choice should be given to the right holder.They can consider the fact of themselves to choose the better object of action.Secondly,analysis of the components of the liability for compensation.I analyzed the three components of plaintiff qualification,liability principle and burden of proof.At the same time,I also focus on the analysis of the validity of the clauses.I think the uninsured limit is a standard clause.The formulation of standard clauses should meet the requirements of the principle of fairness.Only the premise that the maximum compensation limit is reasonable,we think the clause is valid.However,in practice,express companies often set the maximum compensation limit too little.Thirdly,determination of the compensation for the liability.The extent of statutory compensation generally includes the loss of goods themselves.It is always called direct damage.If both parties have agreed scope or standard,we always give priority to the agreement between the two parties.The agreement between the two parties is generally reflected in the courier list filled by the sender.Tort liability inaccordance with the actual situation of the case,The responsible party may also need to bear the compensation for mental damage.Fourthly,It is my legal regulation on the validity of standard clauses.In my opinion,the three elements of validity of standard clauses should be constituted.They are abiding by the principle of fairness,making reasonable prompt obligation,excluding gross negligence or intentional act.It is indispensable to guarantee the validity of the formatting clause.The effectiveness of these three aspects can be regulated.