Validity Affirmation Of Insured Terms In Express Delivery Contract

With the development of e-commerce industry,more and more consumers choose to leave the physical stores and go shopping in the Internet stores.Many shopping platforms,such as Taobao,Pinduoduo and Jingdong,have emerged.Internet shopping brings many convenience at the same time,consumers also get negative effects: online shopping can’t do without express transportation,when express destroy or loss takes place,how to protect the rights and interests of consumers and express delivery companies,the key is how to treat express service insured terms in the contract.This paper focuses on the differences in judicial practice in the form of case analysis and takes the determination of the validity of the insured terms as the research objective.This paper tries to make a case analysis to prove the rationality of the validity of the insured terms in China’s express industry in principle,and discusses several invalid reasons,and tries to give an exact judgment standard for its validity.Firstly,this paper clarifies the basic issues such as the related concepts and the nature of the insured terms,and proves that the application of the insured terms in China has profound social and economic roots by combining the origin of the insured terms,the historical development process and the current situation of comparative law.The 44 cases obtained after collection and sorting are divided into two situations and sorted into tables for demonstration respectively.The sorted tables will directly list the reasons for the court to deny the validity of insured terms.Then it can be proved that the existence of the insured terms is reasonable from the case that the insured terms is valid.It can be seen from the cases of invalidation of the insured terms that only the carrier’s intention,gross negligence and violation of mandatory norms can be regarded as the absolute invalidation of the insured terms,because the carrier’s malice should be punished and the national security,social interests and the legal rights of others should be protected.Therefore,the conclusion is drawn that the application of the insured terms in China’s express industry should be effective in principle,unless there is the carrier’s intentional,gross negligence and violation of mandatory regulations.Then,after discussion,the author concludes that the application of the insured terms should be in accordance with the Postal Law,and the setting of the insured terms can play a role in balancing the moral hazard of both parties in the contract.Finally,the author discusses the relationship between the indemnity of the insured terms and the standard of foreseeability of loss as well as the different indemnity methods under the different validity of the insured terms.