Research On Express Insurance Terms

With the vigorous development of e-commerce,China's express delivery service industry has gradually set sail,and express delivery services have gradually integrated into people's daily life.At the same time,disputes over express service damage compensation have also increased.The insured terms are quite controversial.The core point of the express delivery insurance clause is that the sender and the courier service provider agree in advance on the issue of compensation for the damage to the sent express.If the sent express is damaged or lost,the courier service provider shall compensate the sender for the loss in accordance with the prior agreement.In practice,due to the unclear agreement of express delivery service providers by various express service providers,the judge's understanding of express delivery insurance terms was inconsistent when exercising his discretion,resulting in a large number of different judgments in the same case.Based on the collected relevant judgment documents,this article focuses on the analysis of the application of law after the loss of insured express delivery,the validity of the insured clauses,and how to determine the amount of compensation.It attempts to analyze the root causes of these problems.Under the premise of the interests of all parties,it can better resolve disputes over insured express damage compensation and promote the healthy development of the express service industry.In addition to the introduction,the article is divided into four sections:The first part introduces the related theories of express insurance clauses.Proceeding from the concept and performance of courier insurance clauses,this paper mainly introduces the nature of insurance clauses in terms of format and limitation.At the same time,from the perspective of balancing the risk burden of the parties to the courier service contract and improving the efficiency of resolving the damages of the courier service,the value of the courier insurance clause is clarified,which lays the foundation for the research and demonstration below.The second part mainly analyzes the legal application of the express insurance clause.Inthe case of disputes over compensation for express delivery services,different judges will choose to apply different types of laws to judge the case based on the differences in the nature of the express delivery services.The article has conducted in-depth research on typical cases applicable to the Postal Law or Contract Law.It believes that express delivery services are civil transactions and should be governed by the parties.Therefore,when dealing with disputes over compensation for express delivery services,civil law norms such as Contract Law should be applied.The third part focuses on the effectiveness of the express insurance clause.Due to the different understanding of the legal norms related to the insured clauses,the recognition criteria for the obligation to explain what is best are different.Different judges have different opinions on the effectiveness of the insured clauses in the case of disputes over compensation for express service damages.The article summarizes the relevant theories and judicial precedents,and summarizes the current differences in understanding of the effectiveness of insured clauses in China as valid,ineffective,and case-analyzed.Through the interpretation of relevant laws and regulations,combined with the reasonableness of the express insured clauses,believes that the express insurance price clause should be effective in principle,but also clarifies the exception to the validity.The fourth part analyzes in detail the determination of the amount of compensation when there is an insured clause.The ultimate purpose of hearing the damage compensation dispute of express delivery service is to determine the amount of damage compensation.The article looks at the dispute over insured express damages.In the study of the basis for determining the amount of damages when there is an insured clause,it is found that the main reason for the difficulty in confirming the amount of compensation is the difference between the validity of the insured clause,actual loss,and indeed sufficient evidence.And propose corresponding solutions.