Research On The Liability Of Express Damage

At present,the rapid development of the express industry,the total business of the national express enterprises has exceeded 100 billion pieces,the national express business income has exceeded trillion yuan,with the vigorous development of China’s express industry,express damage compensation disputes are also increasing.In order to properly solve the problem of liability for damage of express mail which is increasing day by day in practice,through case study and theoretical analysis,it is found that in judicial practice,There are mainly three problems: the identification standards for the validity of disclaimer clauses for express damages are not uniform,the identification standards for the invalidity of the disclaimer clauses for express damages are not targeted,and the identification of the amount of express damages is not based on these three problems.Based on the problems found,the corresponding solutions are proposed,and the following conclusions are drawn: First,the identification standards of the validity of the disclaimer clause of the express damage compensation are not uniform.If the disclaimer clause of the express damage compensation is a format clause,it is necessary to judge whether it can be used as a contract clause in the case that the express company has not fulfilled the obligation to prompt explanation.If the exemption clause is not a standard clause,it is necessary to judge its effect.In judging the validity of the disclaimer clause in the express damage compensation,the validity of the disclaimer clause should be determined in principle,and its legal effect should be recognized as long as its content can meet the requirements of legal regulation.When there is a dispute over the validity of the exemption clause,the handling of relevant incidents should be based on the legal logic of freedom of contract and autonomy of will,and comprehensively analyze and judge the performance of the contractual obligations of express delivery enterprises and the faults of express delivery enterprises in the event of express damage compensation.And adopt a unified and strict standard from the system to formulate the express damage compensation exemption clause to avoid disputes from the source;The second is the lack of targeted identification standards for the invalidity of the disclaimer clause in the express damage compensation,it is necessary to establish a sound,detailed and operable identification standards.In the identification of whether the damage caused by express companies is subjective fault or gross negligence,because the sender has no way to control the dynamics of the express in real time in the process of receiving,transferring and distribution of express mail.Therefore,the sender does not have the conditions to prove.We can try to solve this problem according to the principle of inverted burden of proof,and then determine whether there is any cause that leads to the invalidity of the disclaimer clause in the express damages.Third,the lack of basis for the identification of the amount of damage compensation for the express should be based on the principle of the amount of compensation agreed in the disclaimer clause of the express damage compensation,when the clause is invalid,it is necessary to determine the specific value of the express to determine the amount of compensation.In order to establish a sound,reasonable and efficient method to determine the value of the express shipment,we can try to restrict the behavior of the sender’s declaration of the value of the express shipment from the legislative level,and make it clear that the express company needs to be responsible for the declared amount,and solve the problem of difficult to determine the value of the express shipment from the source.