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Research On The Insurance System Of Express Service Contracts In China

Posted on:2020-12-02Degree:MasterType:Thesis
Country:ChinaCandidate:X W ZhangFull Text:PDF
GTID:2416330575988803Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years,with the development of the e-commerce industry,the express delivery industry is also growing.Taobao,Jingdong,Tmall and other online shopping platforms cannot do without the support of the express delivery industry.From the turnover of these online shopping platforms,it can be seen that the express delivery industry occupies a very important position in the market economy.The number of express delivery companies in the market is very large.The companies with high popularity and high frequency of use are Shunfeng,Debang,Zhongtong,Yuantong,Shentong,Yunda,Baishi Huitong,etc.These companies are relatively large in scale and have higher reputation in the industry than other express delivery companies.With the increase in the number of express delivery companies,all express delivery companies are striving to improve their services.They want to win a place in the express delivery market through high-quality service and word-of-mouth reputation.For example,many express delivery companies can book door-to-door pick-ups,without requiring the sender to take time and effort to deliver the express to the express delivery companies.However,due to the late start of China’s express delivery industry and the imperfection of relevant systems,the number of express delivery damage disputes in China is very large.The root of this problem is that there are problems in the determination of the validity of the warranty clauses in express delivery service contracts.In particular,the courts have different opinions on the determination of the validity of the warranty clauses when trying express delivery damage disputes,which directly leads to the phenomenon of different judgments in the same case.Therefore,this article will analyze the warranty clauses in express service contracts from a fair perspective and discuss the legal issues related to the warranty clauses,hoping to put forward some feasible suggestions,which will be helpful to improve the warranty clauses in express service contracts in China.The insurance system evolved from the carrier’s limited compensation system and has a long history in the transportation industry.The reason why the insurance system has not been eliminated by the transportation industry is that it has its own rationality.Through sorting out the cases of express delivery damage disputes in the last two years on China’s judicial documents online,and analyzing the specific practice status of the express delivery service contract price protection system,we can further draw the conclusion that the problems existing in the express delivery service contract price protection system in judicial practice need to be solved.By looking up the relevant regulations of several foreign countries on the express delivery service contract price protection system,we hope that it can play a certain role in helping the research on the express delivery service contract price protection system in China.Starting from the enlightenment from some countries outside the country,and combining with the practice of our country’s guaranteed price system,this paper puts forward some suggestions that the author thinks are feasible,hoping to play some helpful roles in the perfection of our country’s guaranteed price system for express service contracts.Today,when the express delivery industry is so developed,we should correctly recognize the value of the warranty clause,improve it,and promote the stable and healthy development of the express delivery industry.
Keywords/Search Tags:Express service contract, Format clause, Guarantee clause, Limit compensation system
PDF Full Text Request
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