论我国快递服务合同免责格式条款的法律规制-法律学专业论文.docxVIP

华 华 中 科 技 大 学 硕 士 学 位 论 文 II II Abstract As emerging service industries, express service has been a part of various industries of the national economy and people’s daily life. Especially since the continuous development of e-commerce, with the rapid development of this industry, certain problems are leading to more and more disputes, resulting in many losses to both express service enterprises and consumers. In addition, because of the imperfection of the law and the lack of experience in judicial practice, those litigations cannot be solved well. So we should pay more attention to this situation. As an important part in the transaction process, express service contract play a very important role in the conduct of the transaction and the resolution of disputes. And, the exclusion clauses are the key to the dispute resolution process, which involving the allocation of responsibilities between both sides. So, to regulate it from a legal point is a pressing problem. But now in the academic community, there isn’t much specialized research in this field, and it is lack of those theories which is systematic or available to guide practice. So, firstly some typical problems in exclusion standard clauses of express service are summered by investigating and reading. And then jurisprudence is explored by case study. At last, the way to regulate those problems reasonably is focused elaborated. This thesis includes these following sections: The first part is the theoretical review. At first, the concept, nature and application of law is described and defined. Then, the definition of exclusion standard clauses of express service is disserted. At last, at the base of investigation results, the general situation of exclusion standard clauses of express service is summarized. The second part is case study. Three jurisprudences from different focal points are selected. Since the specific legal law against express service contracts is still relatively lacking, and judicial practice e