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Legal issues of mail statutory limit compensation

Author: ZhangZuoWei
Tutor: LiuJiFeng
School: China University of Political Science
Course: Economic Law
Keywords: Mail Universal service Restrictive Compensation
CLC: D922.296
Type: Master's thesis
Year: 2010
Downloads: 79
Quote: 0
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Abstract


Postal Law of the People's Republic of China (hereinafter referred to as the \This wide concern postal service commanding finally settled by law, including the universal postal service, damages and other issues of general interest of the community sessions. This paper focuses on universal service postal enterprise delivery concerns mail led to the issue of compensation as well as the restrictive system of damages. Mail damages postal enterprises in the process of providing postal services, mail is lost, damaged, within the shortage or time limit delays and remittances loss situation in accordance with the law, any liability of the legal system to the user. \damages compensation system and the application of civil law. Postal enterprises bear the universal service is an important part of the national social and public services, due to the characteristics of its public welfare, equalization, not reject, the postal companies legal immunity of customers and limits the right to compensation. \Comparative analysis of the provisions of the national postal universal service mail legislative starting point for the issue of compensation is not high, mail delays are still not lose; universal service mail compensation standard is still low; ordinary is not lost in the case of intent or gross negligence of the postal enterprises and The quoted limit compensation there are exceptions, but the burden of proof is unclear; restitution International 1986 \Dealing with universal service mail damages, the legal basis applies confusing problem has not been effectively resolved. This is due to the \to avoid conflicts. At the same time, to the application of contract law, \effectively bridge the \Protect the price system as a the restrictive compensation system necessary complement existing mail the actual loss and the insured limit conflict, \In order to resolve the existing contradictions and omissions, the priority should be to expedite the formulation of matching the pace of the legal system, to learn from similar transportation industry and other national, regional provisions to limit compensation system, clear universal service messages occur when damage relief laws applicable guidelines, given the status of the third person claims mutatis mutandis to limit compensation provisions, to determine a reasonable statutory compensation limit and the actual loss, as well as clear postal enterprises bear the fault liability applicable burden of proof and the presumption of fault, to improve the scope of compensation, including delay responsibility, restitution basic tariff and undertake other remedial measures, the use of additional means of good mail insured limit compensation system, the introduction of commercial insurance system in a timely manner, the establishment of a universal postal service fund or the Compensation Fund to establish a more perfect damages system of universal service mail . In order the fair basic theoretical considerations and guarantee maximum economic law, social law and justice, to promote the postal enterprises to continuously improve the quality of the universal service, diversify risk, to protect users' interests, in order to consolidate the \

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Of economic and transportation of Posts and Telecommunications Management Act
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