Research On Liability For Loss And Damage Of Express Service Items

With the rapid development of economy,science and technology,people's life has changed greatly.The Express service industry has developed rapidly and become an indispensable part of people's life.But it also raises a lot of questions.It is very important to clarify the liability for damages in express delivery service.Although China introduced a new "postal law" in 2009 and a "temporary regulation on express delivery" in 2018,there is still no clear and detailed regulation on how to solve the problem of damages arising in the express delivery service industry,these laws have limited ability to regulate express delivery services.At present,there are some problems such as imperfect laws and regulations,low level of effectiveness,scattered laws and regulations,unclear definition of compensation amount and form,which hinder the development of express service industry to some extent.This paper is divided into four parts except the introduction.The first part elaborates the concept of the lost and damaged express service goods and the concept of the compensation responsibility of express service,and leads to the following.The second part analyzes the nature of the subject of liability for the loss and damage of express delivery service articles in turn.Mainly from the express company,the sender,the network management platform from three angles.The third part studies the nature of the liability for loss and damage of express delivery service goods,the principle of liability fixation and the confirmation of the burden of proof.Express service companies can only choose the liability for breach of contract and tort to protect their rights and interests,for Tort Liability,express service companies need to prove that they are not at fault in order to avoid liability for damages.As for the imputation principle of liability for breach of contract,in the course of providing express delivery service,the express delivery service provider should bear the liability for breach of contract after the damage.The fourth part reveals the problems existing in the legislation of compensation liability for damage of express delivery service in China,including the problems existing in the legislation of compensation liability for loss and damage of express delivery in China,including that the provisions of laws and regulations are too general,the weak legal effect of the departmental regulations and relevant standards and the failure to form a complementary and coherent whole in terms of content between the laws and regulations,and provide ways to improve the system of liability for damages,this paper puts forward some suggestions from four aspects: Perfecting the legal norms of the damage compensation of express delivery service,clarifying the burden of proof of the damage compensation of express delivery service,reasonably regulating the exemption clauses of express delivery service enterprises,and strengthening the market supervision and self-supervision of express delivery service.The last part of the text is the epilogue.