Study On The Limit Compensation Clause For Uninsured Couriers

In recent years,China’s express delivery industry has developed rapidly,followed by the loss,damage,delay and inconsistency of internal parts of express delivery.However,whether it is a courier company or a consumer,or even a judicial theory and practice community,there are many cognitive misunderstandings and controversies about the responsibility for the damage and loss of uninsured express delivery.Most academics conduct theoretical research on the evaluation of the validity of the provisions of the standard provisions of the Civil Code through the application of law and whether they comply with the provisions of the standard provisions of the Civil Code.Nevertheless,due to the imperfection of the law,there are still great differences in the academic community on the validity of the clauses,which in turn leads to the fact that in judicial practice,judges have different understandings of the application of clauses and the determination of validity,and even the situation of different judgments in the same case.The imperfection of the effectiveness evaluation standard has greatly improved the operability of courier companies to avoid legal risks when formulating such regulations,resulting in unfairness between law and reality.When consumers’ rights and interests are infringed,it is difficult to obtain protection through the law,and the establishment of uninsured limit compensation clauses is indeed necessary,but the formal content and effectiveness evaluation standards of the limit compensation clauses should still be continuously improved to make them more legal and reasonable,so as to truly balance the interests of express delivery companies and consumers.This article includes three main contents:First,a theoretical overview of the compensation clause for uninsured express delivery limits,which defines its legal nature according to the concept and expression of the clause.The current situation and problems of uninsured limit compensation clauses in China are summarized,and the differences between China and relevant legislation outside the region are compared.The second part,the comprehensive economics,jurisprudence and ethics perspectives of the theoretical analysis of its effectiveness,combined with the author’s point of view to summarize the problems existing in the actual application of the validity of the article,put forward suggestions for the improvement of the effectiveness evaluation standards.Finally,by analyzing the current differences and dilemmas in China on the scope of compensation in this article,combined with existing laws,suggestions are made on the improvement of the standard for determining the scope of compensation,in order to achieve the effect of protecting the rights and interests of consumers and promoting the healthy development of the express delivery industry.