| With the rapid development of the express industry,problems in the development are gradually exposed.For example,problems such as the leakage of user information by express companies,loss of express delivery,and delays frequently occur.After express service users complain,the regulatory authorities will impose penalties on express delivery companies.The awareness of rights has increased,and the number of cases in which the parties resolve disputes through judicial channels has also increased.Compensation issues arising from the loss or damage of express delivery have caused considerable controversy.Search for keywords as price-insurance clause,express price-insurance,price-insurance compensation,and express compensation through websites such as China Judgment Document Network and Peking University Magic Treasure,and summarize and sort 189 cases involving price-insurance clauses from 2016 to 2020.Through sorting out related cases,it can be seen that the law applicable to disputes over the insured clauses of express service contracts in judicial judgments is not uniform,the determination of insured clauses of express service contracts is inconsistent,the requirements for the obligation to prompt the insured clauses of express service contracts are different,and the value of express insured items is different.Identifying difficulties and other issues,these disputes have become the focus of most cases.On the basis of summarizing judicial judgments,analyze the format of the insured clauses of the express service contract,the agreement of the insured clauses of the express service contract,and the practicality of the insured clauses of the express service contract,and further analyze the insured clauses of the express service contract from a theoretical point of view.Effectiveness analysis.At the same time,we should learn from the experience of foreign countries’ express delivery service contract insured clauses and combine with the provisions of Article 496 of my country’s Civil Code to improve the formulation of express delivery insured clauses and the application of law.First,it is clear that the insured clauses of the express delivery service contract should apply to the provisions of the "Civil Code" contract.For the insured clauses that fail to provide reasonable prompts or explain their obligations,the other party can claim not to be the content of the contract;secondly,the value of the express items should be determined in conjunction with express services During the contract formation process,the express service user declares the value,determines the insured amount,and reaches a prior agreement with the express company on the compensation of the goods.In the event of a dispute,the express service user shall bear the obligation to prove the value of the item,and the express company shall prove the prompt and explanation obligation performed;finally,it is necessary to strengthen the prompt and explanation obligation of the express company in the era of electronic contracts.It is hoped to promote the interpretation and application of laws related to the express price insured clauses,and provide suggestions for the improvement of the express price insured clauses and the development of the express delivery industry. |
