Research On Damage Compensation Of Uninsured Express

In recent years,with the popularity of online shopping,express delivery services have become an important way in people’s lives.However,with the rapid developmentof express delivery service,more and more problems are emerging,such as loss,damage,shortage of internal parts,delay and so on.People enjoy convenient and fast express delivery service,but also bear the risk of damage to express delivery items caused by irregular express delivery service.In practice,consumers often choose not to insure when delivering express goods,and express companies mostly use limited compensation for express delivery without insurance,which leads to the difficulty for consumers to get reasonable compensation once the express delivery without insurance is lost or damaged.Therefore,it is necessary to further clarify the liability for damages of uninsured express goods in express delivery service to protect the legitimate rights and interests of consumers.In China,the problems in compensation for damages of uninsured express goods are mainly manifested in the following aspects: First,the limitation compensation system for uninsured express goods is not perfect,mainly including the dispute over the judicial application of the limitation compensation clauses of uninsured express goods,the lack of limitation compensation standards for uninsured express goods,and the courier company’s inadequate obligation to explain the limitation compensation clauses.Secondly,the scope of compensation for express delivery damage is unclear,and the actual loss value of express delivery items is often difficult to determine,and it is also unclear whether the expected loss of interest can be compensated,and whether the express delivery items with personality interests can request compensation for mental damage is also unclear.Furthermore,the scope of exemption clauses in express service agreements is too wide,and there are problems that express companies abuse the statutory exemption reasons and the agreed exemption clauses are too wide to avoid liability.In view of the above problems,it is necessary to strengthen the supervision of express delivery service and improve the relevant damage compensation mechanism,and put forward a series of countermeasures.First,we should improve the limit compensation system for uninsured express delivery as soon as possible,confirm the effectiveness of the uninsured limit compensation clauses,formulate a unified limit compensation standard,and further regulate the express delivery company’s obligation mechanism for prompting and explaining the limit compensation clauses to ensure that consumers can get reasonable compensation.Second,in order to clarify the scope of compensation for express delivery damage,the actual loss value of express delivery can be clarified by the way that the sender truthfully provides express delivery information and the express delivery company registers the value of express delivery items.Third,the exemption clause should be regulated reasonably to avoid the express delivery company abusing the exemption clause to avoid the liability for compensation,and the content of the exemption clause should conform to the principle of fairness and reasonableness.At the same time,the expected loss of interests of the right holder should be compensated,and express delivery items with personal interests have the right to request compensation for mental damage.Fourth,we can set up a courier compensation fund to strengthen the supervision of the courier industry,thus reducing the occurrence of courier damages.In a word,while the express service brings us convenience,the existing problems also need our attention and solution.By strengthening the supervision and management of the express delivery industry and establishing a sound compensation mechanism for express delivery services,it will help to better protect the rights and interests of consumers and promote the healthy development of express delivery services.