| With the rapid development of the Internet and the swift rise of Electronic Commerce industry,online shopping has become the top option of most people.Owing to the increase of online shopping,the express service industry has encountered its golden time.However,a great deal of problems appear in the train of express service development,such as package loss,damage,shortage of internal parts,delay and other problems may follow.Therefore,it’s vitally important to clarify the express service damage compensation.At present,the service quality of express companies differs from one to another.There are no articles of law for unified standards and damage compensation,especially when it comes to standard terms.So it can hardly avoid the benefit of both sender and consignee being aggrieved,let alone a reasonable compensation afterwards.Lack of unclear and unified standards for express compensation in China’s law leads to different judgments in one case in juridical practice.There exist problems in the four main aspects of express service compensation.Firstly,the existing articles of law are not only dispersive but also low-level.besides,a specialized legislation on the express service is scarce.Secondly,the compensation regulations of package insurance in express service are not quite satisfying.and what’s else ? An argue about the validity of insurance regulations appears.Which is the problem that the contradiction between the insured value and the loss of actual value.The top limits in insurance regulations are not fair.Thirdly,an unreasonable clause in uninsured express service compensation.This situation happens as a result of unreasonable compensation for uninsured express service and a lack of compensation regulations for uninsured packages.Lastly,Express companies didn’t fulfill their duty to announce service standards and regulations.In order to solve the problems that exist above,and to take China’s reality into consideration.It is significant to perfect the regulations of express damage compensation.Here are some suggestions.First,combine and perfect the existing articles and enact specialized legislation for express service.Second,improve express insurance policy and express contract.And set insurance rates.Then,clarify compensation standards for uninsured objects,and yet,set rates and exclusion about limited value compensation.Take the next as an example:“under any circumstances if the sender or consignee be a blamable delinquent,one can make a compensation cognizance according to the exclusion rule”.What’s more? Make reasonable and normative exception clause for express companies.They should not only obey the equitable principle but also fulfill their duty to make the announcement.Last,enhance the announcement validity of clauses and regulations.The suggestions presented above are designed to balance the interest between express companies and express users,and to lay a solid foundation for the healthy growth of express service. |