Research On The Liability For Damages In Online Express Delivery Service

In recent years,with the continuous development of science and technology,the Internet industry has been expanding rapidly,online shopping as a new way of online shopping has also emerged.However,there are still some gaps in the regulation of express industry in our country,and there are still some controversial situations in practice.In this paper,by determining the causes of damage compensation in the online-shopping express delivery service,the subjects of damage compensation liability under different circumstances are induced,thus the damage compensation liability in the online-shopping express delivery service is divided into three categories,and three chapters are used to further explore the liability for damages involved in these three cases.First of all,this paper studies the liability for damages for breach of contract in online purchasing express delivery service.By defining the nature of the online purchasing express delivery service contract,it is determined that the online purchasing express delivery service contract belongs to the Real third-party interest contract,the imputation principle of the liability for breach of contract should be the strict liability principle,there are only a few kinds of legal exemption reasons.Based on the protection of the interests of the addressee,the addressee should be given the right to claim damages for breach of contract,and the exercise of this right should not be restricted.When it comes to the scope of compensation for breach of contract in the online express delivery service without insurance,only when the seller carries out express delivery through a postal enterprise should the view of "three times postage compensation"be applied,the seller through the General Express Delivery Company for express delivery business,should be limited compensation.Secondly,the author studies the Tort Liability of online express service and thinks that the principle of fault liability should be applied to the tort liability of online express service.In the case of tort damages,the sender,as the owner of express delivery,should be the subject of prosecution,and the addressee has the right to claim tort damages under certain circumstances.Thirdly,this paper studies the liability for damages in the online express delivery collection service.Under the legal relationship of direct agency,the standard of responsibility division between the agent and the consignee is that the entrustment agreement between the agent and the consignee is paid or unpaid.In the legal relationship of indirect collection,the addressee has the right to pursue the damage compensation liability directly to the express delivery company.In the legal relationship of collection of non-contractual debts,it is necessary to make a concrete analysis according to whether the collection belongs to gratuitous management or beneficence.