Research On The Legislation Of Express Price Protection Service In China

At present,economic development of China is in the key stage of the transformation of new and old driving forces and the transition from high-speed development to high-quality development.As a "shining new star" in the new normal of economy,express delivery industry is connected with the supply side and the consumption side,closely related to the new economic and new formats such as e-commerce,and plays an important role.Price protection service is an important means to balance the risk and benefit between sender and express company.Express industry has started a high-speed development stage in the market environment,and its expansion speed and profit level are far higher than those of traditional industries.However,with the rapid development of the new situation of capital integration,there are many contradictions,among which the biggest one is the compensation problem after the loss of express goods in the transportation process.Whether to choose the insured service when signing the express service contract has a huge impact on the compensation results.Although the existing laws and regulations such as the postal law and the Interim Regulations on express delivery can play a guiding role in the development of the industry,many disputes over the price protection service still do not have enough detailed provisions,which makes it difficult to coordinate the objections between the parties in judicial practice,and the cases of appeals against the first trial decisions are everywhere,which is not conducive to the development of the industry Judicial justice is deeply rooted in the hearts of the people.The emergence of insurable service can be traced back to the 19 th century maritime transport industry.It is the product of the carrier's limit compensation system advancing with the times.It is also a characteristic value-added service of the transport industry that has experienced a long historical evolution and has not been eliminated.Today,with the rapid development of express industry,we can't deny the rationality of its existence because of its lack of norms.We should regulate it through legislation.The comprehensive and correct realization of the value of the insured service is conducive to the stable and healthy development of the express industry,and ultimately realize the win-win benefits of the express enterprises and consumers.This paper studies the legislation of the express price protection service.This paper analyzes it from four aspects,including the nature of the concept,typical judicial cases and foreign experience,and finally puts forward the legislative problems and relevant suggestions.First,it analyzes the concept and nature of express service contract,price protection service and expression form from the theoretical point of view.This part combines the particularity of express service contract different from transportation contract to lead to the form of insurance service,and introduces its related theoretical concept,origin,development,existence and rationality.The purpose is to accurately describe the background and concept of the express price protection service,which is an important theoretical premise to study its legislative issues.Secondly,it analyzes the lack of specific legislation in the judicial practice,shows the current situation of legislation lagging behind in the price protection disputes,and puts forward several problems that can be solved quickly through legislation.Based on the actual cases,this part analyzes the typical judgments in the cases of express compensation disputes involving the insured service on the judgment document network,and points out that if the legislative problems of the insured service are not solved as soon as possible,it will inevitably lead to a great waste of judicial resources,the interests of both parties cannot be guaranteed,the sub healthy development of the express service industry and many other negative effects.Therefore,it is an urgent task to improve the legislation of insurance service as soon as possible.Third,the developed countries have a long history of the development of the express industry,the scale of the express companies is large,and the relevant legislative provisions or handling practices of express compensation are relatively mature.No matter the enabling mechanism or the processing flow are specified in detail,the legal rights and interests of users are fully protected,and the actual operation is relatively simple.By looking up the rules of price protection service and other relevant provisions to solve the disputes of express compensation in foreign countries,we can learn from the parts that are conducive to the further improvement of the legislation of price protection service.Although some developed countries have few legislation related to price protection services,other dispute resolution mechanisms are relatively perfect,and theprocessing process focuses on details,which can properly handle all kinds of express compensation disputes.These can also be used for reference.Fourth,combining with the existing problems in the legislation of insurance service in China,this paper puts forward some feasible suggestions.We should learn from the excellent experience of foreign countries,take full account of the basic situation of our country and the market development environment,optimize the price protection service quickly through legislative means,and fully promote the development express delivery industry of China on the basis of balancing the interests of both parties to the contract.In a word,express delivery industry,as the mainstream industry to realize the trans regional small-scale transportation and distribution,is an irreplaceable means of communication and transportation in people's existing lives,and the price protection service is also related to everyone's vital interests.Improving the legislation of the guaranteed price clause of express service contract can fundamentally guarantee the vigorous and healthy development of express service and even the whole e-commerce industry,and promote the vitality and progress national economy of China.