Research On The Insurance System Of Express Service Contract

With the rapid development of China's e-commerce industry,the express delivery industry is developing faster and faster.However,the contradiction between express delivery enterprises and consumers is getting bigger and bigger,and the probability of litigation between the two parties is getting higher and higher.However,in practice,judicial organs may differ in the final judgment due to their different positions and different applicable laws.China has not confirmed the validity of the limitation indemnity clauses,that is,the insurance clauses,in the express industry,and only determined the limitation indemnity clauses of the postal enterprises in the postal law.In the law,express delivery enterprises are excluded from the application,but China's postal enterprises are also operating ordinary express,which leads to the same business model,but different laws are applicable.Under normal circumstances,the express delivery enterprises put forward the valuation clause,all through the "contract law","consumer rights and interests protects a law" and other civil law to solve the problem of its effectiveness,in judicial practice generally deemed to be valid,invalid,or part of effective and came here for the same case,the sentence by the judicial organs according to different regions and the results are not consistent.The first part mainly introduces the general problems of the insurance system of express delivery service contract.The nature and legal relationship are explained in turn,and then the judicial practice and legislation of the insurance system are elaborated,so as to find out the problems faced by the insurance system of express delivery in China.At present,China's insurance system mainly has the following problems:first,the legal application of insurance clauses,which is relatively confused;Second,the principle of the validity and application of the insurance clause,there are different approaches to the practice trial in China and the academic circles.Thirdly,the handling of the deviation between the declared value andthe actual value in the insurance clauses.The second part is mainly to write compare the valuation clause legislation present situation at home and abroad and regulation,detail method of Britain,the United States,Germany,Japan,countries to express the experience and legislative situation of the industry,such as the use of insurance mode to replace the valuation mode,Germany established black grey list system,Japan advocates without valuation,can obtain higher compensation amount.The advanced insurance system of the above countries or similar systems can provide reference for our country to improve the insurance system of express delivery.The third part mainly discusses the current situation and improvement Suggestions of the insurance system of express delivery in China.First,the legal application of the insurance clauses should be established as the postal law or a special law should be established to regulate them.2.The terms of the insurance shall clearly identify the conditions that are valid;3.The discrepancy between the declared value and the actual value in the insurance terms shall be determined to compensate the insured at a rate not exceeding the actual value.By studying and analyzing the legal problems in the insurance system of express delivery service contract in practice,this paper puts forward feasible Suggestions,such as clarifying the legal application of insurance clauses,confirming the validity of insurance clauses,and deviating the declared value from the actual value,the value of the goods should be followed instead of the declared value.In order to improve the contract price guarantee system of express delivery service,protect the legitimate rights and interests of consumers and balance the interests of all aspects.