Comments About Disputes Case Of Transport Contracts Between Wei's And TTK Express Co.LTD

The rapid development of online consumption has led to the gradual growing of the express delivery industry,and our life style has changed a lot.The express industry with a great leap brought convenience to our lives,has become an essential part of our life.But where there is a boom,there are some drawbacks.The laws and regulations about express industry are disperse and not perfect in China.There is no clear and detailed rule to solve the issue of compensation in express service.The existing laws and regulations like <Postal Law> <Contract Law> and<The Express Interim Regulations> have limited capacity to control express delivery industry.These laws and regulations clearly unable to meet the requirement for the development of contemporary express industry.At this time,we will cooperate with all sectors of the society to solve the problems and promote balanced development of express industry.In this paper,from the aspect on express compensation actually executed,the author,combined with certain cases,focused on the relevant laws of compensation for loss of express packages.It is divided into 4parts,namely,introduction,summary of the case,the controversy over the case and legal analysis to the focus of the dispute.The introduction mainly introduces the background and motivations and significance.Summary part describes the case on compensation for loss of Wei'sexpress package by TTK Express.The part of controversy over the case evolves from four aspects,following the standard of compensation for loss of express packages applicable to <Postal Law> <Contract Law> or<Tort Liability Law>;the clients how to prove the value of express items;whether the express contract limitation of compensation clause valid or not when the clients never sign parcel insurance;whether valuation clauses become the reason for express enterprises to limit liability and enter a plea.The emphasis of this paper is the fourth part,legal analysis to the focus of the dispute,analyses the dispute and resolution of current laws and regulations,the value of express items,loss duty confirmation,legal affect of limit responsibility clause and valuation clause in express contract.In this part,the author offers the useful advice and suggestions to improve the laws and regulations of express industry.