Research On Legal Issues Of Express Service Contract Insured Terms

With the development of network and e-commerce,express delivery industry play an important role in the market economy.The number of Express company quantity is increasing and the scale of Express company quantity is expending.In 2016,express enterprises have access to capital markets,express delivery industry step in a new situation of the development.But at the same time,The damage compensation dispute in the delivery industry is in a mess.Trace back,express service contract valuation clause is controversial,especially the effectiveness of the valuation clause identified issuess,from all walks of life have different opinions,even in the court is not unified,result in the situation that same case with different judgements.This article not only from the perspective of consumers,but also stand in maintaining fair to discuss some related legal issuess of valuation terms,in order to put forward some feasible Suggestions.Prevent from the legal risk of valuation clause.In this paper,a total of three chapters.The first chapter introduces the basic theory of express delivery service contract and valuation clause.The first section introduces the nature of the express service which a part from the postal service.The second section puts forward the basic theory of the valuation clause.The first part is the basic theory of format contract including the most crucial issues that The relevant theory of format clause effectiveness terms,aims to do foreshadowing for the effectiveness of the valuation clause;The second part is the Characteristics and functions of the valuation clause,this paper introduces the concept,development process of valuation clause and its rationality and necessity of existence.First narrates the basic theory of the valuation clause,Do matting for the legal risk of valuation clause.The second chapter is the legal issues of valuation clause,this chapter through several typical cases which with same situation and different verdicts,demonstrate the background that between courts the judgement is not unified,which leads to the main disputes and the author’s main argument,and one by one expounds and instructions.This chapter is divided into four sections,including Courier dispute applicable law standard not unified,the effectiveness of the valuation clause is difficult to identified,damages is difficult to determined,actual losses is difficult to proved.The third chapter is the improvement of the valuation clause.Section of this chapter is divided into two sections,the first is to introduce foreign rules of valuation clause and the revelation for our country,compared with the developed countries relatively perfect delivery system,find the deficiencies in our country,learning the foreign advanced system,promote the development of express delivery industry,at the same time beddding for the perfect measures for the rest of the article.Valuation clause of issuess prevention measures in the second quarter,through the analysis of the above,we can find the defects of express delivery system in China,in order to cope with the issues,further improve the Valuation clause,we need to make efforts in many aspects,the author puts forward six suggestion,hope to have some value that could promote the development of express delivery industry in a nice and healthy way.