On the Legislation of the Express Delivery Service Contract

China Business and Market - - 目 次 - JIA Yu-ping

(Hebei University of Economics and Business,Shijiazhuang,Hebei050061,China)

Abstract:Express delivery service contract,a new independent type of contract,is not only important,but also classic and complicate;it is necessary for us to carry out specific and systematic adjustment on it to make it to be legislative contract with pertinency,clarity,and being scientific. The legislation related guidance,the deepening related research,the legislation related activities,and the accumulation of judicial practice provides the legislation of express delivery service contract with realistic foundation. Specifically speaking,in terms of path,the legislation path of express delivery service contract should be making it to be one of the contract types in Contract Chapter of Civil Code;in terms of pattern,it should be the independent chapter following the transportation contract;in terms of adjustment scope and method,we should focus on express delivery service contract relations,and adhere to the principle of contract freedom;in terms of content,we should pursue the comprehensiveness of standardization to guarantee the systematic of the code. Besides,we should stress the highlights of the legislation,and clearly standardize the obligation and default responsibility of express enterprises,and so on;and we should have prospect on developing problems,and leave more space for the future development.

Key words:Civil Code;Contract Chapter;the expansion of contract types;the legislation of contract;express delivery ser⁃

vice contract

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