Study On The Determination Of Validity Of Insured Terms Of Courier Service Contracts

Since the 21 st century,the rapid development of Internet applications influences people's lives greatly.In particular,the rise of shopping has transformed the consumption mode of the masses.As the basic industry of shopping,express delivery industry also ushered in a golden period of development.The express industry has greatly facilitated people's life,but the disputes it brings are also increasing day by day.In order to reduce their liability for compensation for lost or damaged express items,express delivery companies have included the terms of insurance in their express service contracts,which has intensified the contradiction between them and consumers.The litigant dispute that causes because of the effectiveness problem of safeguard clause also is increasing ceaselessly,and different court maintains the effectiveness of safeguard clause to differ in a thousand ways,maintain the basis that effectiveness has each to have different also,caused the judicial chaos that maintains to the effectiveness of safeguard clause.Therefore,it is particularly important to find a correct way to determine the validity of the warranty clause in order to settle the disputes between express delivery enterprises and consumers and maintain the judicial credibility.The first part of this paper mainly introduces the current judicial practice that the validity of the warranty clause is different from that of the same case.First of all,it explains that while driving economic growth,the express delivery industry also has a lot of disputes with consumers,which are mainly caused by loss and damage of express delivery.Express will face after lost damage compensation problem,express delivery enterprises valuation clause to reduce his liability to pay compensation,consumers any valuation clause is invalid,the court asked for full compensation,and different court holds different attitudes on the effectiveness of the valuation clause,and,to that effect on the basis of different,caused the valuation clause decided judicial chaos.The second part of this paper analyzes the theory of the policy.Firstly,it introduces the concept,historical evolution and nature of the guarantee clause,and draws the conclusion that the guarantee clause belongs to the standard clause and limited liability clause.Secondly,it introduces the current status of the dispute about the validity of the insurance clauses in the academia,which mainly includes the theory of complete validity,the theory of complete invalidity and the theory of condition.Finally,it analyzes the irrationality of various theories in the academic circle,and integrates the legal basis for the determination of the validity of the guarantee clause,which mainly includes article 47 of the postal law,article 39,article 40 and article 53 of the contract law,laying a foundation for the correct determination of the validity of the guarantee clause in the following paragraphs.The third part of this paper mainly introduces the correct way to determine the validity of the insurance clause.Firstly,it is clear that the legal basis for determining the validity of the insurance clause is the Contract Law rather than the Post Law.Secondly,it analyses the logical relationship between Articles 39,40 and 53 of the Contract Law.Finally,on the basis of following the logic of Articles of Law and balancing the interests of consumers and express delivery enterprises,it innovatively puts forward the correct way to determine the validity of the insurance clause at this stage: Article 53 of the Contract Law shall be given priority in judging the validity of the insurance clause.If it does not conform to the provisions of this article,articles 39 and 40 of the Contract Law shall be applied in order to determine the validity of the insurance clause.The fourth part is the academic response to judicial disorder.This paper expounds the causes of judicial disorder from four aspects: legislation,judicature,express enterprise and external supervision,and puts forward some Suggestions to solve this judicial disorder.In order to balance the interests of all parties,reduce the judicial chaos,so that China's express industry shows a good situation of development.