Study On Civil Liability For Express Loss And Damage Under The Background Of Civil Code

Express service contract is for the benefit of the third party,the loss and damage compensation of express service should be subject to civil legal norms,based on the Civil Code to determine the parties to assume the liability of damages claim basis.Before the issuance of the Civil Code,the disputes in judicial practice about the settlement of compensation disputes for loss and damage of express services mainly focused on the standard terms in the express service contract,and there exist some problems such as different recognition,different interpretation and different definition of obligation to the validity of standard terms,which lead to different judgments in the same case.The civil code has made great innovations in standardizing the content of standard clauses,which has constructed a systematic logical framework for the judicial norms of standard clauses and got rid of the dilemma of the application and interpretation of the original standard clauses.First,it corrects the value basis at the logical origin through contract justice and honesty and credit.Secondly,the establishment of special rules for concluding contracts and special identification standards for validity plays a substantial normative role in the identification of standard terms.Finally,it constructs a supplementary channel for the judicial regulation of standard clauses with clear systematic interpretation rules,and constructs the "last line of defense" for the judicial regulation.Express service contract is a typical standard contract,which is mainly divided into insured and uninsured standard terms.When compensation for loss or damage occurs in express delivery,the logical framework of judicial regulation of standard terms in Civil Code should be strictly followed to improve judicial stability.In the contracting process,the express company shall follow the principle of fairness to conclude the insurance price and restrictive compensation clauses,and shall not reduce or exempt its obligations by increasing the liability of the other party.In terms of validity identification,the insurance clauses as special standard clauses must satisfy the two constituent requirements of consumers’ truthful declaration of the actual value of goods and their payment of insurance premiums at the time of contracting,otherwise the insurance clauses are not valid.The establishment elements of restrictive compensation clauses include the parties’ failure to complete the insurance contract,the express company’s reasonable performance of the obligation of presentation and explanation,and the express loss not caused by intentional or negligent,and at the same time refer to the sum of the threshold values of "agreeableness" and "equilibrium" to comprehensively determine the validity of the limited compensation clauses.In case explanation,supplementary explanation should be made according to the understanding of ordinary people in society.The determination of the amount of compensation for loss or damage of express delivery in litigation shall follow the following order: if there is a warranty agreement,the warranty agreement shall apply;In the absence of a guaranty agreement,an agreement on limitation of indemnity shall apply;If the limit of compensation is invalid or non-existent,the amount of compensation shall be determined on the basis of the actual loss proved by the parties.Loss limits are subject to predictability rules.Where the breaching party’s breach not only causes property losses to the non-breaching party,but also causes certain mental damage to the non-breaching party,compensation for mental damage may be determined.Under the background of Civil Code,the author hopes to construct systematic,guiding and practical civil liability rules for compensation for loss and damage of express delivery,provide professional legal guidance for judges,consumers and express delivery enterprises,and promote the normative order to truly become an effective constraint force of standard terms.