快递服务货物丢失的赔偿问题研究——以快递合同保价条款为基础

A Study on the Compensation for the Loss of Goods in Express Service——Based on the Terms of the Express Contract Price

近年来,"互联网+"经济迅速发展,快递服务与人民生活愈加密不可分,但随之而来的快递丢失、短少、毁损、内件不符等侵权现象时有发生。司法实践中,针对快递丢失问题,各地法院和法官对保价条款的效力、赔偿的法律依据、赔偿数额的确定等问题认识不一,裁判结果难以统一。本文以搜集到的相关裁判文书为基础,从案例研究方法出发,着重分析和试图解决以上有争议的问题,并提出了具体的处理意见,以期促进快递服务业的稳健发展。

In recent years, the Intemet economy develops rapidly, people＇s life becomes more and more inseparable from express service. But according to this, the loss of goods ,damage and inner pieces do not match in express service always happen. In the judicial practice, for the loss of express delivery, different judges have different opinions on the effectiveness of insured terms, legal basis of compensation and determination of the amount of compensation. The referee＇s results are difficult to unify. Therefore, based on the relevant judgement document, this paper begins with case study method, specially analyzes and solves these controversial issue, and finally puts forward specific advice.All of this is in order to promote the healthy development of express delivery services.