Research On The Damage Compensation Of Uninsured Express

Recent years,Chinese express delivery industry,with its convenient and efficient service and cheap charges,has gained a large number of consumer groups,and the number of express delivery companies and express packages has been booming.However,while express delivery service greatly facilitates our daily life,express delivery disputes are also increasing,especially the compensation problems caused by the damage of uninsured express packages.Uninsured limited claim Clause,also known as restricted liability indemnity Clause,originated from the 18 th century British maritime transport industry "Agreed Value Clause",intended to reduce the high risk of shipping capitalists.With the development of time up to now,express enterprises often take whether the price is insured as the dividing line,and draw up the corresponding different compensation clauses in the express service contract.Including valuation express not only need to pay the Courier fee,and the corresponding when did not lose valuation express is damaged,Courier companies to express agreement specified in the highest of compensation is limited to compensate without valuation express what we call not valuation express limit of indemnity clause(hereinafter referred to as "not valuation limit compensate terms or limit compensate terms).In judicial practice,there are usually two ways to decide this type of case.One is based on the Postal Law of the People’s Republic of China(hereinafter referred to as the Postal Law),and the other is based on the relevant civil laws.Due to the huge difference in the amount of compensation between the two penalty results and the direct impact of the judgment on the relevant legal rights and interests of the parties,the author has carried out an analysis and research on the problem of uninsured express delivery damages.In the first part of this paper,combined with the relevant legal provisions,the express service is summarized from the concept,difference and other perspectives,while the uninsured limited indemnity clauses are summarized from the historical origin,form of expression,nature and other aspects.This paper clarifies the concept of express service itself and the difference between express service and universal postal service.At the same time,it explains that the uninsured limited indemnity clause originates from the maritime transport industry and appears in the form of contract in the express industry,which is not only a standard clause but also an exemption clause.The second part is the analysis of the status quo of the damage compensation of uninsured express delivery,and makes clear the three natures of the damage compensation of uninsured express delivery,that is,the damage compensation for breach of contract,the damage compensation for tort and the concurrence of the two.This paper summarizes the application of the Postal Law and civil laws in the judgment of uninsured express delivery damages,and sorts out the relevant data with tables,and visually explains the application of civil laws in most cases in practice with figures.The third part is to challenge the existing viewpoint of compensation for damages of uninsured express delivery.From the perspective of legal original intention analysis and the fairness of compensation result,the author puts forward the viewpoint that the Postal Law and freight contract clauses should not be applied.At the same time,the definition standard of invalidity of the limitation clause is made clear from the aspects of whether the express company has fulfilled the reasonable obligation of prompt,exempted from its own fault,existence of intentional or gross negligence,etc.,which can be used as a reference for the express company to regulate its service.The fourth part is the calculation of the damage compensation scope of uninsured express delivery.On the premise that the limitation clause is invalid,by summarizing relevant cases,this paper points out that on the basis of taking the actual loss as the compensation benchmark,it clearly classifies the additional recoverable interest,mental damage,voluntary compensation and the part that should not be compensated according to the negligence offsetting rule.Finally,the conclusion that the damage compensation scope of both insured express and uninsured express is parallel is given,and the unique advantages of insured express in service and compensation are expounded,thus affirming the rationality of the damage compensation scope of uninsured express.