Research On The Legal Issues Of Postal Universal Service In China

Postal is an important social public utility of the country and is closely related to the lives of the people.For a long time,China Post has been responsible for the universal service obligations conferred by the party and the state,regardless of geographical location,regardless of gains and losses,and without conditions.It is precisely because the universal service undertaken by the postal enterprises has publicity and universality that the postal enterprises are entitled to the exemption and limit damages.The revised postal law in 2009 increased the standard for damages for universal service limits from two times the 1986 requirement to three times.Although the standard of damages has improved,with the rapid development of the current economy,the standard of limit damage has fallen behind.After a few years,the Postal Law was revised again in 2015.However,the postal law revised in 2015 still does not make any substantial changes to the scope of the general service damages,the principle of compensation and the application of the law in the 2009 Postal Law.The scope of the general service damages,the principle of compensation and the application of the law still have imperfections,and the application of the law is particularly prominent.Some courts in the judicial case believe that the provisions of the Postal Law should be applied to damages for mail in the scope of universal service,and some courts think that the application of the Postal Law will be extremely unfair,so the application of the Postal Law will be extremely In the event of unfairness,these courts will choose to apply the Tort Liability Act of the Contract Law with a view to maintaining fairness.This paper mainly studies the general service mail damage compensation system from the following parts.The first part is an overview of the concepts related to universal service,and then compares the damages between universal service and non-universal service mail,and clarifies the particularity of general service damage compensation in the comparison.The second part introduces the problems to be elaborated in this paper through the case case,and introduces the current status of mail damage compensation through the first case.Through the second and third cases,the legal problems of the mail damage compensation system are introduced.The problems of the general service maildamage compensation are mainly explained from the three aspects of the scope of mail compensation,the principle of damage compensation for limits and the application of law.The third part is to make recommendations from the principle of application of damages for mail and the legal application of damages for mail.Based on the research on the damage compensation for mail,it is concluded that the scope of damages for universal service mail should be scientifically defined and the limit damage compensation system should be perfected and the law should be applied to fairness.