Research On The Insured Clause Of Express Service Contract

With the rise of major e-commerce platforms,people are shopping online more and more frequently,which has also led to the development of the courier industry.However,while the courier industry brings convenience to our lives,it has also caused many problems,with the sender often unable to reach agreement with the courier company on compensation for damage and loss of the courier,and the courier company has gone to court.The main reason for a large number of these disputes is often a dispute between the two parties on the terms of the courier company’s guarantee.The legal basis for disputes over express service contracts,the effectiveness of the guarantee clause,the determination of the amount of damages,there are different views in the academic and practical community,the judicial trial has not been fully agreed,which has led to many "different judgments" phenomenon.The purpose of a large number of guaranteed price clauses is to spread the risk of the courier industry,to solve the compensation dispute between the parties to the courier service contract dispute,to improve the efficiency of the transaction,reduce the time cost,so that the interests of the parties are balanced,therefore,we should take a positive attitude towards the application of guaranteed price clauses.This article examines the theoretical basis of the price guarantee clause and,on the basis of its theory,analyses the important issues that arise in the application of the price guarantee clause from judicial practice and puts forward relevant suggestions for improvement.This thesis consists of five parts excluding the introduction.The first part is an overview of the premium clause,which is the theoretical basis for the study of the premium clause.Originated from the carrier limit indemnity system in maritime transportation,the premium guarantee clause is a product of the balance between the principle of meaningful autonomy and the liability limit system in the carrier’s civil and commercial transaction activities,and it is a form clause,a limitation of liability clause,a guarantee clause and a practical clause.As the guarantee clause can balance the risks borne by the parties,improve the efficiency of the settlement of damage disputes and promote the development of the guaranteed express industry,the guarantee clause has its reasonableness and value of existence.The second part analyses the current status of the legislation on price guarantee clauses,the current status of the application of price guarantee clauses in the express delivery industry,and the current status of the application of price guarantee clauses in judicial practice.The third part presents and analyses the problems faced in the application of the warranty clause.These problems include the application of the law,the determination of validity,the standard of damages,and the proof of the value of the actual loss,and this part describes each of these problems and analyses the reasons for their formation.The author believes that the reason for the difference in the basis for the ruling on the price guarantee clause lies in the difference in the nature of the express service contract.The validity of the guarantee clause,the academic community has a valid,invalid,valid to be said that the three views,judicial practice,the court to determine whether the guarantee clause is valid and whether it can be applied also have their own reasons.The author analyses the reasons for the controversial validity of the guarantee clause from the legal level,the dilemma under the principle of fairness and the life level respectively.One of the reasons for the controversy over the standard of compensation for express damage is that the courier companies have different provisions on the insured rate,and the author has analysed the insured clause,the uninsured clause and special items separately.The author also provides an analysis of the difficulties in proving actual losses.The fourth part introduces the premium guarantee systems in Germany,Japan and the United States,and draws inspiration for China’s express premium guarantee system from the overseas regulations on premium guarantee.In the fifth part,the problems in the application of China’s guarantee clause are addressed and countermeasures are proposed.Including the unification of the legal application of the terms of the courier guarantee,according to the principle of fairness to determine the effectiveness of the terms of the guarantee,regulate the cost of the guarantee and compensation standards and reasonable determination of the actual value of the delivery and the actual loss.