| This article is based on the theoretical study of the insured clauses,through case studies,discovers and analyzes the problems and disputes in the application of the insured clauses in the courts in the trial,and puts forward perfect suggestions based on the actual development of my country’s express industry.Mainly divided into the following parts:The first part is the presentation of the problem.It mainly introduces the typical cases of the insured clause in the express service contract,and discovers the focus of disputes between the parties in the case,so as to draw out the problems in the application of the insured clause of the express service contract and conduct analysis and discussion.The second part mainly discusses the basic theories of express service contracts and insured clauses.First,it explains the nature of the express service contract,which is a standard contract and a third-party benefit contract.Secondly,introduce the origin,meaning,conclusion and nature of the insured clause.The third part mainly discusses the legislative status and application status of the insured clause.Starting from the latitude of time,the author sorted out the relevant content of the express service price insured clauses from far and near,and discovered the current legislative problems of the relevant insured clauses in our country.Secondly,the current status of the application of the insured clauses is discussed at two levels: one is the actual use of the insured clauses by the express company;the second is the judgment of the insured clauses in judicial practice.The fourth part mainly discusses the problems in the application of the insured clause.The first problem is that there are different opinions on the validity of the insured clause;the second problem is that there are differences in the practice of the damage compensation rules for insured express;the third problem is the distribution of the burden of proof when the insured express is lost;the fourth problem is about the courier company.The irrationality of the insured limit is analyzed.The fifth part is the countermeasures and suggestions for the problems discussed in chapter four of this article.The express company reminded that the fulfillment of the obligation is a prerequisite for judging the validity of the insured clause.In this regard,the judge should judge the fulfillment standard of the obligation from three aspects.For determining the validity of the insured clause,the principle of good faith should become the general regulation of the validity of the insured clause in the express contract.At the same time,for the issue of compensation rules,the judge subdivided the compensation standards according to whether the express company was at fault,thereby reducing the difference in judgments.Regarding the issue of burden of proof,from the perspective of protecting the rights and interests of consumers,the rule of "inverted burden of proof" is introduced. |
