快递损失理赔纠纷法律问题研究——以“周通诉永顺快递邮寄服务合同纠纷案”为例.pdfVIP

律适用。第三部分，主要讨论未保价快件损失限额赔偿条款的效力。司法实践中对未 保价快件损失赔偿标准存在四种不同情形，通过对四种不同的的案例情形进行分析对 比，提出自己的观点。第四部分，针对快递损失纠纷提出法律建议。一方面从减少快 递损失纠纷的角度，建议消费者对贵重物品进行保价，同时建议快递行业引入第三方 保险机制，使得保价和保险同时为快递业的健康发展保驾护航；另一方面建议法官在 审理此类案件时，引入可预期损失规则，公平分配双方的风险责任。 关键词：快递损失；法律适用；限额赔偿；公平原则；可预见规则 2 Abstract With the rapid development of economy and the improving living standards of people, the express industry has been developing fast. The velocity of the commodities has been promoted by the express industry, which has saved the transaction costs and make peoples lives more convenient. But at the same time, the industry is not standardized, which brings all kinds of problems and the increasing express disputes. Express mail loss and delay result in the continuous conflict between consumers and express delivery enterprises. In particular, compensation disputes caused by loss and damage when the express mail is not insured, is one of the most common problems of express disputes. Concerning the law applied to deal with such disputes, there is a debate from the date of the birth of the express industry in China. Although the New Post Law which was revised in 2009 has given an answer to this issue, in view of long existence of this problem, the express industry will also defend on that the insured terms is in accordance with the Post Law after such disputes arise. So the author believes that it is necessary to analyze the applicable law clearly for consumers and express enterprises. In judicial practice, there are different interpretations to the effectiveness of the limited compensation for the uninsured commodities which are lost. Different judges, faced with similar facts, according to their different interpretations to the limited co