Application And Improvement Of Uninsured Express Delivery Limit Compensation Clause

Thrived along with the industry,the valuation express delivery of services in the damage loss caused the dispute began emerging in complicated,express delivery service of the dispute without the application of the law,but has not clearly stipulated in legislation in our country for valuation not express damage loss compensation should choose to apply to the contract law of the postal law and the tort liability act or other the relevant provisions of the civil law system,so no valuation express loss is difficult to get adequate protection.The main reason lies in the lack of systematic research on this issue in the current theoretical circle,and the unclear definition of the nature of limited compensation liability of express delivery companies.Whether it belongs to the liability for breach of contract,tort liability or the concomitant combination of the two has not been determined,which fails to provide comprehensive and systematic theoretical support for such cases.Therefore,in judicial practice,there are different understandings on the application of law,the determination of the validity of limitation compensation clauses,the scope of limitation compensation and the amount of compensation for such disputes,so that different courts or judges often give different judgments to such cases.Based on this,this paper is divided into three parts from the perspective of empirical analysis.Firstly,it analyzes the data about the limitation of compensation clauses in the electronic waybills of well-known express companies in China,and collects and analyzes the relevant cases that have been heard by courts since the promulgation and implementation of the new postal law,so as to sort out the general practices of courts in trying such cases.Secondly,it summarizes the problems existing in the practical application of the uninsured express express limitation indemnity clause,and carries out theoretical analysis on it to find out the dispute points in the theoretical circle.Finally,in view of the existing problems in theory and practice,we try to put forward fair and effective Suggestions under the existing legal framework,in order to balance the interests of both sides in the conflict.