Discussion On The Judicial Application Of The Dispute Cases Of Highway Cargo Transportation Contract

Road freight transport,as a very common logistics transport mode,is widely used in China and has been developing rapidly.In 2018,a total of 23,983 cases of goods transport contract disputes were reported in China,among which 5,141 cases of goods transport contract disputes were reported,accounting for 21.4%.Thus it can be seen that the road cargo transport contract disputes in the whole cargo transport contract disputes accounted for a large proportion.Investigate its reason,not only because the carriage of goods by road transportation is the main mode in our country,lead to the base of disputes,the main reason is that the contract of carriage of goods by road in our country legislation lags behind the existing legislation level and blank,many problems exist in the judicial level,in the concrete practice of lead to inconsistent knowledge,action is not unified.Therefore,it is particularly important to discuss the judicial application of contract cases of highway freight transport in China.In this article,through five typical cases,this paper sum up out our country road cargo transport contract disputes the five aspects of problems,namely,the effectiveness of the valuation clause that problem,the consignee or consignor puts forward the effectiveness of the quality or quantity discrepancy of goods identifying problems,the cargo was damaged or lost value problem,litigation subject qualification and the legal relations determine the scope of the problem,the court of the contract of carriage of goods the extension of the problem.Through further analysis,it is concluded that the main reasons for the existence of case disputes are too general and lagging in legislation,as well as different standards and understandings applied in the judicial practice and operation process,which lead to the existence of disputes.In the end,the author puts forward some feasible Suggestions on the settlement of road freight contract disputes from two aspects of legislation and judicature.It is hoped that by improving legislation,unifying applicable standards and reducing conflicts and disputes at the source,it will contribute to the healthy and vigorous development of China's highway cargo transport industry,as well as to China's economic promotion and people's living and working in peace and contentment.In addition to theintroduction,this paper is divided into four parts:The first part is to sort out the cases in the field of disputes of road freight transport contract,and select five typical cases with representative significance.By summarizing the basic situation of the case,the focus of the dispute is concluded,and the difficulties in the process of trial are put forward.The five cases respectively represent five kinds of difficult problems in the judicial practice in the field of disputes over road freight transport contracts.The second part is the road cargo transport contract disputes case practice difficult problems are analyzed.Through the practice of facing the valuation clause decided,the consignee or consignor of the goods quantity and quality of the effectiveness of the objection that,damage to or loss to the goods occur,and the consignee did not receive the goods according to the agreement to produce the value of the goods under the condition of determination,litigation subject qualification and the determination of legal relationship and the court need to extend scope of the contract of carriage of goods to the five aspects of the in-depth analysis,from different angles,different levels are discussed.The third part is to analyze the causes of the disputes in the contract of road freight transport.Through the analysis summary,the contract of carriage of goods by road the main reason for the dispute mainly exist two aspects,on the one hand is the legislation lagged and blank,on the other hand is existing in the judicial process to enter into a contract,the handover inspection behavior is not standard,legal relationship is difficult to define accurately and procedural questions involved in the problem of having no unified recognition,leading to frequent disputes.The fourth part is the judicial discussion of the case of the contract dispute of road freight transport.This part mainly discusses from the two aspects of legislation and judicature.Although the overall discussion is about judicature,the imperfection of legislation leads to problems in judicature practice,so the problems in legislation are also included.The specific judicial Suggestions come from the specific experience of judicial staff in handling cases and the analysis and summary of representative cases,so it has practical operability.