Research On The Liability For Loss And Damage Of Uninsured Express Deliver

At present,the development of the express industry in various regions of China is booming.In the case of the surge in the volume of express business,the phenomenon of express loss and damage often occurs.However,the laws and regulations on express compensation are not sound,which makes it difficult for consumers to claim for compensation,and the express disputes caused by this are common.To this end,the State Council in 2018 promulgated the "provisional regulations on the express of the current express the prevalence of the effectiveness of the valuation clause in the contract for the first time,if the Courier lost is damaged,the sender has chosen Courier company valuation services,express delivery contract both sides shall,according to the valuation clause stipulated in the express service agreement dealing with compensation.But in real life,the sender cost in order to reduce the cost,not express for valuation,whose express company when there is no delivery of damage in the valuation of sender’s liability to pay compensation processing method is not clear in the regulation,the regulation only broadly to this case,the parties should with civil law to clarify the responsibility.In case of loss or damage of uninsured express,the compensation of express companies and users needs to be further dealt with.This paper attempts to analyze and study the problem of uninsured express compensation liability and puts forward corresponding opinions and suggestions,hoping to make contributions to properly deal with the problem of uninsured express compensation liability and resolve the contradictions and disputes between the parties of express service contract.Apart from the introduction,this paper is divided into four parts:The first part of valuation of delivery occurs after a loss damage involving the basic theory of the liability to pay compensation to the interpretation,this part systematically and express the connotation of the express service discusses the nature of the service contract,and how to understand the content of the valuation not express has made the introduction,the deep understanding not valuation Courier loss damage liability issues.The second part analyzes and discusses the realistic dilemma of uninsured express loss and damage compensation liability in real life.Firstly,the limited compensation clause is widely used by express delivery enterprises to deal with the compensation problem of uninsured express delivery which is lost or damaged.The related problems of this clause are quite controversial in practice.Secondly,in the case that the court does not think it is legitimate for express companies to set a lower compensation standard for consumers,the scope of compensation for uninsured express companies has different definitions.Finally,it is urgent to respond to how to deal with the compensation liability of uninsured express in the distribution process represented by smart express cabinet.This paper sorts out and analyzes the above practical dilemmas in the compensation liability of uninsured express delivery,and finds out the pain points of the compensation liability of express delivery,which is helpful to increase the pertinence and effectiveness of solving problems in the following paper,so as to promote the healthy development of express delivery enterprises.The third part of the uninsured express loss and damage compensation liability for the cause of in-depth exploration.This paper argues that the current legal system of China’s express industry is not sound,and the provisions of uninsured express compensation are relatively general and lag.In addition,the express industry’s own claim mechanism is not perfect and the relevant departments of the express industry’s supervision is not in place is also an important reason for the problem of uninsured express compensation liability.The fourth part to be carried out as soon as possible out of the no valuation of delivery occurs after a loss damage targeted Suggestions are put forward,the liability to pay compensation of claim reasonable regulation express company for not being to the express of the indemnity clause for a valuation problem,make clear the scope of damages and intelligent express tank terminal distribution problem of the liability for compensation to establish compensation fund for delivery and add Strong supervision of the express delivery industry,so as to establish a clear legal relationship,reduce the uninsured express loss and damage compensation liability problem.