邮政合同赔偿纠纷的法律要论

Some Thoughts about Compensation for Damages against Mail

邮件损失赔偿的免责规定常常会受到来自社会的谴责。尽管邮损赔偿现行规定确有其合理之处,但邮政企业为自己所作的辩护是禁不起推敲的。现行邮损赔偿规定的缺憾显而易见:立法缺乏细致的调研和严格的成本核算基础;对普遍服务和竞争性业务未能给予区别对待;某些具体免责规定的合理性也值得分析。对邮损赔偿问题修改时应抱以科学与法治精神认真对待。

The exemption norms on compensation for damages against mail are frequently criticized by public opinion. The view should be supported that the norms on liability are indeed improper. The shortcomings of these norms include: the legislation has not been based on necessary researches; Competitive service has not been treated differently from Universal Postal Service; the equitableness of some articles of law has also not been analyzed. We should revise the Postal Law with the spirit of scientific and constitutionality and the problem on the liability for compensation should be reckoned with. Before the new law is passed, we should have three kinds of application of law to deal with different actions for indemnity in the judicial practice.