Research On Legal Issues Of Express Delivery Insurance Terms Based On Effective Judgments

With the development of China’s economy and society,especially the impact of e-commerce,the express delivery industry has sprung up and continued to grow,so the number of express delivery disputes has also increased.The disputes about the valuation clause in the express service contract were a major type of dispute in the express service business,the judicial practice was divided greatly,and the theoretical research was inadequate.According to the 216 sample cases of China Judgment Documents Network,in the course of disputes over express service contracts,there were major disputes about the legal terms of insured terms.Consumers used to claim that the valuation clause was invalid in order to obtain full compensation,and the courier company usually used the existence of the valuation clause as a basis to reduce their liability.In judicial practice,different judges had different opinions on the validity of the valuation clause in the lawsuit of express service disputes.The judge judged that the value-insurance clause involved in the courier service dispute was valid or invalid,and there were cases where it was found valid but not applicable.Among them,the reasons that were found to be valid but not applicable were mainly the gross negligence of the express company,the fa ilure of the express company to effectively fulfill the obligation of prompting instructions,the fault of the consumer,and the inability of the consumer to prove the loss.In the judicial practice involving express service disputes,the existing dispute points have mainly been the determination of the effectiveness of the valuation clause,the prompt description and proof rules of the insured clause,the identification of actual losses,and specific compensation issues.The reason for the disputes was tha t the legal system related to express delivery services in China has not been complete so far,the definition of key legal concepts in existing legal norms was unclear,and lacked specific operating rules and relevant judicial interpretations.In order to e ffectively resolve the core issues in the dispute over the express delivery service valuation clauses,this paper proposes that the work of naming express delivery service contracts should be put on the agenda so that the express delivery service contract becomes an independent contract.Make corresponding provisions in courier insurance price,prompt description obligations and compensation standards to improve the legal system of courier services.At the same time,supporting judicial interpretations will be introduced to protect consumer rights and promote the healthy development of the express delivery industry.