Study On Liability For Damage Of Express Delivery Service

With the rapid development of express service industry,express service disputes also increase.China has formed a huge normative system,led by the postal law and focusing on the interim regulations on express delivery,including multiple regulations.However,the regulation of these standard systems on the liability for damages of express delivery service has the disadvantages of focusing on administration rather than private law.In practice,the court defines the express service contract as the contract of goods transportation for judgment.In the process of litigation for compensation for infringement of express service,the sender or recipient should bear the heavy burden of proof.The express service provider cited the "postal law" in the express waybill to limit the maximum compensation for the postal unguaranteed vouchered mail and compensate for the unguaranteed express in the express,the sender or recipient for an adverse effect on their legal rights and interests maintenance.so we need to argument such problems to protect the legitimate rights and interests of senders or recipients by legal means.In addition to the introduction and conclusion,the paper consists of four parts.The first part is the basic definition of the liability for damages of express service.This paper analyzes the civil liability of the express service provider for the damages of the express service caused by the infringement or breach of contract.At the same time,on the basis of straightening out the legal relationship of express delivery service,determined that the nature of breach of contract for damages liability of express delivery service in the case of general delay,and the nature of confluence of breach of contract and tort liability in the case of loss or damage of express delivery.The second part is to identify the rights and the obligations subject of the express service liability for damages.It is confirmed that both senders and consignees can be the subject of the right to claim the liability for damages for the breach of contract of express service to the express service provider according to the legal and effective express service contract.When the shipper's ownership and the recipient's ownership,right of life or right of health are infringed upon,they can be the subject of the right to claim damages for the infringement of the express service to the express service provider.Meanwhile,express service providers can be the subject of express service liability for damages.The third part is to determine the express delivery service liability for damages.This paper demonstrates the liability for damages for breach of contract of express service under the principle of no-fault attribution,and specifically analyzes the breach of contract,causality and damage of the damages for breach of contract of express service.Under the principle of imputation of fault,the tort,damage,causality and fault of compensation for express service infringement are analyzed respectively.The fourth part discusses the scope of damages for express delivery service.It is reasonable to determine the scope of indemnity for insured express according to the terms of indemnity,and the scope of indemnity for uninsured express can be based on the standard of limited indemnity formulated by relevant departments,and express service providers can determine the reasonable scope of limited indemnity according to their own situations.In case of infringement on the property rights and interests of an object,the recipient shall be fully compensated under the compensation insurance mechanism,and the recipient or the recipient's close relatives shall be compensated for serious mental damages.