Research On The Damage Compensation Problem Of Insured Express Goods

The flourishing development of the e-commerce industry has driven the rapid rise of China’s express delivery service industry.While facilitating our daily life,it has also brought a lot of disputes.Most of the disputes focus on the damage compensation problem of express delivery,and the content of the damages compensation issue on the insurance price clause is the most controversial.As for the effectiveness of insurance clauses,there are three theories of effective theory,invalid theory and conditional theory,among which the largest number of scholars supports the condition theory.In fact,the application of the insurance clause can not only balance the risk burden between the express company and the sender,but also effectively improve the efficiency of the transaction,so we should hold a positive attitude towards the application of the insurance clause.In practice,the most important problem in the dispute of damage compensation is:the evaluation criteria of the validity of the insured clause is not uniform.The prompt explanation obligation is stipulated in the Civil Code,but the specific performance standards are missing.Lead to the same case of different judgment phenomenon is serious;Express delivery from receipt to delivery involves multiple processes,however,there is no unified evaluation path for the identification standard of intentional exclusion of express companies and gross negligence in each process;When the insured express goods of special significance are damaged,the main problem is that the amount of damages is difficult to determine;In the regulation of the express delivery industry,there are problems such as low entry threshold and the interests of minority groups have not been taken into account.The corresponding solution is:from the legal provisions,fairness principles,the fault degree of the sender and the express company and other aspects to clarify the validity of the insurance clause evaluation criteria;Drawing on the provisions of the Insurance Law,to clearly indicate the performance standards of the obligations.In fulfilling the prompt obligation,express delivery companies should take the initiative to prompt the content of the insurance clauses in concise and clear language.In the performance of the presentation obligation,in the form of active explanation and passive explanation,written explanation and oral explanation;From the five procedures of express transportation,clarify the applicable criteria for the exclusion of intentional and gross negligence.Only in these five processes did the express company have intentional or gross negligence,to exclude its responsibility;Special treatment rules shall be adopted for the damages for insured articles of special significance.Working with the insurance companies.Introduce commercial insurance,on the issue of compensation for mental damages.Apply the duality of liability for breach of contract,adopt the principle of presumption of fault;In the supporting system,introduce a strict market access mechanism and materialized the State Post Bureau,which handles disputes online,In order to strengthen the supervision of the express delivery service industry.