Research On Compensation Liability Of Express Service In China

With the continuous development of social economy and e-commerce,more and more people tend to choose online shopping to meet their daily needs.Express service industry has developed rapidly as a new industry,which greatly facilitates people's lives and becomes an indispensable part of people's lives.Although express delivery service has a certain degree of efficiency,it also causes a series of problems such as delay,loss and damage of express delivery.When consumers claim damages,express delivery service enterprises often use the format contract content they signed with consumers to shirk their responsibilities,which leads to the restriction of consumers to claim rights.The author finds that express service agreements exist in the form of format contracts in all express service enterprises in China,but there is no specific legislation for accurate qualitative and independent provisions of express service agreements.In practice,most express service agreements only resolve disputes on the basis of the relevant provisions of freight contracts similar to their nature.In addition,the law of our country has no clear and specific provisions on the liability for damages of express delivery service.In exercising the discretion,judges have different understandings of express delivery damages,resulting in different judgments in the same case after litigation to the court.At the same time,without consulting with the parties,express delivery service enterprises stipulate the format clauses such as the insurance clause,the limit compensation standard and the exemption situation in their service agreement.When the parties sign the agreement,they can only choose passively.When disputes arise,their rights and interests can not be reasonably relieved.Therefore,clarifying the legal issues arising in the process of express delivery service is the only way to effectively solve the disputes of express delivery service.The author will analyze the liability of express service damage compensation,and put forward suggestions to improve the relevant system.The first part of this paper summarizes the compensation of express service.This paper introduces the meaning of liability for damages of express service and expressservice,clarifies the difference between express service and traditional postal service in terms of liability for damages by means of comparison,and introduces the current situation of the provisions on damages of express service in China's current law.The second part analyses the problems of express delivery service in the liability for damages.Through the analysis of cases,this paper discusses the nature of express service agreement and the disputes about the nature of express service damage compensation liability,analyses the principle of liability and burden of proof of express service damage compensation liability,and analyses the disputes about the restrictive damage compensation clause in express service agreement.In the third part,through the study of the liability for damages of express service,the author puts forward some reasonable suggestions on improving the liability system for damages of express service and strengthening the supervision of express service.