Study On Legal Issues Of Damages For Express Service

With the growing maturity of e-commerce industry,online shopping has become an essential way of consumption,it also drives the rapid growth of express delivery market As an important part of modern service industry,express industry has played an active role in facilitating production and living,providing employment opportunities and reducing circulation cost.In the meantime,the rapid expansion of the market and out of line with the legal regulation has led to the practice of delivery delays,delivery losses and damages,and other issues.However,in practice,there are still great disputes about the damage compensation of express delivery service,in particular,express service contract and the nature of the liability for damages,the right to claim the main clear,the insured clause and the uninsured value of the compensation rules.In the 13 th five-year plan for the development of express delivery industry,it is emphasized that to gradually improve the satisfaction of express delivery services and gradually reduce the effective complaint rate of users,a more complete and comprehensive damage compensation system for express delivery services needs to be established,in response to problems that arise in practice.This paper begins with the analysis of the nature of express service contract definition,using foreign related express service damage legislation as a reference,analyzes the legislative gaps in China's express service damage compensation system,and then links to judicial practice,it also puts forward some suggestions on the nature,liability and insurance clause of the damage compensation system.It is hoped that the study will provide a new approach and theory for the perfection of the system of compensation for damages,so as to better safeguard the legitimate rights and interests of consumers,and to be useful for reference in solving relevant cases in practice,to promote the further development of express delivery industry at the legal level.This paper is divided into five parts.The first part introduces the origin and significance of the topic,and analyzes the research status of the damage compensation system of express delivery service at home and abroad.Based on the analysis of the present situation,it is found that there are many disputes in the aspects of the nature of express service contract,the natureof damage compensation,the subject of claim right,and the confirmation of Insurance Clause,etc.In the second part,the general problem of damage compensation for express delivery service is studied.It mainly involves the definition of express service,the meaning and nature of express service contract,the meaning,nature and cause of damage compensation.Considering that the express service contract is a nameless,Nordsen and altruistic contract,and based on the nature of the liability for damages arising from express service,it should be applied differently according to the different causes,we can not simply adopt the "liability for breach of contract","liability for tort" or "concurrence".In the third part,by analyzing the legislative and judicial status quo of the damage compensation for express delivery service in our country,it is found that the provisions on the damage compensation for express delivery service are not perfect at present,and there are still many problems in the judicial application,especially in the identification of legal relations,responsibility,the system of guaranteed value and other aspects are still insufficient.Through the study of individual cases,we can find that the lack of legislation leads to the ambiguity of Judgment Standards and confusion of legal basis in practice,which also reflects the urgency and importance of perfecting legislation and judicature.The fourth part makes a comparative study on the Damage Compensation System of foreign express delivery service.Through the introduction and analysis of the legislation on compensation for damages in express delivery service in four countries,such as the United Kingdom,the United States,Germany and Japan,it is concluded that the above-mentioned countries have already formed relatively perfect systems in this field,especially in the establishment of a reasonable price clause and effective claims for compensation procedures are worthy of our reference.The fifth part on the basis of summing up the previous text,to improve China's courier service liability system for damages put forward some thoughts.There are several aspects,such as perfecting the legislative mode of damage compensation for express delivery service,perfecting the cognizance rules and undertaking rules of compensation liability,and building a complete system.It is believed that the express delivery law should be promulgated and theDamage Compensation System for express delivery service should be specially stipulated in it.As far as the content of the system is concerned,the nature of the express delivery contract,the status of the recipient as the subject of the claim,the compensation rules when the price is not insured,etc.,we should also improve the price guarantee system and the acceptance inspection system.