Research On Legal Regulation Of Standard Terms Of Express Service Contract In China

With the rapid development of China’s e-commerce industry,China’s express delivery service industry has been gradually prospering.Consumers have a higher requirement of delivery services in terms of quality and quantity,but management of the delivery industry has failed to immediately cope with the soaring up of the service needs.This has resulted in the occurrence of problems,such as loss and damage of express delivery.In the real life,the express delivery service industry has reduced the volume of business,improved the efficiency,and clarified the bilateral responsibilities through setting of clauses.Nevertheless,it is unavoidable that the express delivery service industry seeks alleviation of its liabilities and increase of consumers’ liabilities by introducing format clauses,and arbitrarily formulates clauses that can reduce or mitigate their liabilities,such as restrictive compensation clauses,clauses for delayed compensation,and clause of first signing for receiving and then checking the goods.Thereby,a series of legal disputes has been triggered in the field of express delivery services.How to well address legal disputes of this type to protect legitimate rights and interests of the two sides,and improve rules on the formulation of express delivery service contract clauses has been an issue of top priority.This paper studies problems in clauses of the express delivery service contract.Proceeding from the concept and characteristics of the express delivery service contract,and analyzing differences between the express delivery service contract and the freight contract,this paper clarifies characteristics peculiar to the express delivery service contract.Next,case analysis is carried out to discuss about problems existing in format clauses of China’s express delivery service contract.Meanwhile,how the United States,German and Japan discard the dross and keep the finer part in developing express delivery services is studied,which can provide references for the development of China’s express delivery service industry.Development experience of the aforesaid countries sis summarized,and suggestions on improvement of regulations in response to legal issues arising from format clauses of China’s express delivery contract.It is hoped that this research can provide effective suggestions for format clauses of China’s express delivery contract,thus creating a sound development momentum for China’s express delivery service industry.