Research On The Typification Of Express Service Contract

From the perspective of the development process of the express service industry,compared with other countries in the world,the express service industry in our country started late.However,driven by the e-commerce industry,the express delivery service industry has developed vigorously,the market size has steadily increased,the business volume is leading the world,and the coordinated development of domestic related industries has been empowered.The concept,content and related legal system of the express service contract,which is the basic mode of express service operation,are still in a relatively vague stage,and no special laws have been formulated to regulate it.In resolving disputes over express service contracts,it has been referring to the applicable laws and regulations of freight contracts or mailing service contracts.By comparing and analyzing the express service contract with the freight contract and the mailing service contract,it is found that the express service contract has its own unique typicality and is an independent contract,which cannot be fully covered by the freight contract or the mailing service contract,and its dispute resolution cannot be fully applicable to the above-mentioned legal provisions of the contract.Therefore,in order to provide effective remedies for the express service contract disputes,this article believes that it is necessary to systematically adjust it with special laws and regulations,that is,to make the express service contract typification.This article starts with the basic situation of the express service contract,and then discusses necessity and feasibility of converting the express service contract into a typical contract.After expounding the status quo of express service contract legislation and its main legal issues,it then puts forward suggestions on issues such as the law application of express service contracts,the principle of imputation in contract,and definition of the right to claim damage.Hope to make a meager strength to the famousization of express service contracts.This article mainly includes the following five parts:The first part is the introduction,explaining why this article chooses express service contracts for research and the significance of the research,the academic research status of domestic and abroad,and the innovations of this article.The second part is a brief introduction to the express service contract,mainly expounding the definition,form,nature of the contract,as well as the subject,object and content of the contract.The third part elaborates the necessity and feasibility of converting the express service contract into a typical contract.First of all,it explains the necessity of making the contract typification from the aspects of its extensiveness and typicality and the economic importance;secondly,from the practical conditions and theoretical support,China’s civil legislation guiding ideology and the development trend of unnamed contracts aspect discusses the feasibility of the notable express service contract.The fourth part mainly analyzes the current legislative status of express service contracts and the legal problems existing in express service contracts,and finds that the existing laws related to express service contracts have low level,insufficient pertinence,unclear application of the law,and insufficient legal provisions.On the basis of summarizing the above,the fifth part discusses the main content of express service contract that should be regulated in the process of becoming typification.At the same time,it advocates the adoption of the Civil Code model to incorporate the express service contract as an independent chapter into the Civil Code Contracts,and proposes corresponding improvement suggestions for the deficiencies of the existing laws and regulations.