Study On The Judicial Judgment Of Insurance Clauses In Express Service Contracts

Article 47 "The postal law of the People’s Republic of China" and "Express interim Regulations of the People’s Republic of China" article 21 specification,such as when the Courier is damaged,have valuation of delivery in accordance with the agreement on the insurance compensation,no valuation express,according to relevant civil law,but there is no clear specific which civil legal norms.Article 496,497 and 498 of the Civil Code of the People’s Republic of China and The applicable rules of Article 9 of the Provisions of the Supreme People’s Court on the Application of the Temporal Validity of the Civil Code of the People’s Republic of China can also be used as the basis for judging the validity of the insurance clauses.However,there is no specific definition of "significant interest" and "unreasonable" in the requirements.Can say,the judge makes the judicial referee can be quoted in the specification,but the special law regulation express service industry only general provisions,the valuation system and the general law is not clearly defined requirements of standards,combined with the theory and practice to express the nature of the service contract concluded that opinions vary,the burden of proof allocation between the parties is not reasonable,Lead to judicial disputes.In short,different judges have different understandings of the validity,legal basis,review standard and compensation standard of the insurance clauses due to ambiguity in the rules of the insurance clauses,differences in the nature of the express service contract,non-specific criteria for the identification of elements,and unreasonable distribution of burden of proof.Therefore,according to the article should be clearly express service contracts are the basis of the contract of carriage of goods by special and altruism contract,appropriate,citing the law of the People’s Republic of China civil code about the cargo transportation rules of risk burden case,grant the recipient rights status,at the same time to clarify the law of the People’s Republic of China civil code logic on the revised terms in format specification,Distinguish the application of the elements of the insurance clauses,reasonably distribute the burden of proof between consumers and express service companies,in order to maintain judicial justice.The article is divided into four parts except the introduction.First,first introduced the present express damages the judicial practice appropriate to the valuation clause of the status quo,using the total perspective,from the case-hearing level,time and region level to a general interpretation,again to specific concrete analysis case,it is concluded that the express valuation clause in decided differences exist in the judicial judgment,judgment basis of conflict,requirements review divisions and compensation standard.Second,it analyzes the reasons for the differences in judicial adjudication from the aspects of standard application level,contract nature,review of elements and distribution rules of burden of proof.Thirdly,it provides an analytical tool for perfecting the judicial application of the insurance clause by quoting and referring to the legal theory of the insurance clause.Fourth,the cause of the differences and correlation theory,according to the judicial judgment in nature that express service contract level,the requirements of format terms rules apply logic and examination level,put forward the countermeasures and Suggestions such as level of distribution of evidential burden,to solve the problem of Courier service valuation clause in the contract the judicial referee make recommendations,in order to realize the balance the interests of all parties,safeguard judicial justice value target.