The postal industry standard "Express Service" issued by the State Post Bureau stipulates that the object of express delivery compensation should be the sender or the beneficiary designated by the sender. According to the provisions of this standard, the sender has the right to sue the express delivery company for compensation in court. At the same time, according to the provisions of the "Contract Law", the sender forms a transportation contract relationship with the express company when he sends the express. According to Article 312 of the Contract Law, the sender has the right to require the express delivery company to assume responsibility and compensation, and also has the right to sue in court.

The division of legal liability in an incident depends first on whether there is insurance. If there is, the express delivery company or the corresponding insurance company shall bear the liability for compensation; if not, if the express company encounters the loss or damage of the mail during the transportation process, or the internal content does not match the original, the express company shall directly compensate the sender or the corresponding insurance company. The beneficiary designated by the sender is responsible.

As for the consumer's claim amount, there are different claims plans according to different situations. If there is a guaranteed price, the express delivery company must compensate according to the guaranteed price. The responsible party and legal liability are also relatively clear, and generally there is not much dispute. If the express company and the sender have a clear and specific agreement on compensation for loss of mail, in accordance with Article 312 of the Contract Law, if the parties have a clear agreement on the amount of compensation for damage or loss of the goods, the agreement shall be followed. ; If there is no agreement, the compensation will be determined according to transaction customs, that is, compensation will be based on market price. In another case, if the contract terms are invalid, the consumer can claim the full amount. There are usually contract terms printed on the back of the mailing list of the express company. Many of them include clauses that reduce the legal liability of the express company, such as compensation for several times of the postage, or compensation based on weight, etc. if the item is lost. This type of printed contract is a standard contract stipulated in the Contract Law. According to Article 39 of the Contract Law, such a clause limiting liability must be brought to the attention of the sender in a reasonable manner, otherwise the clause will be invalid. There is now a precedent in which a court has ruled that the standard clause that reduces the liability of the express company printed on the back of the express delivery note is invalid, and the express delivery company fully compensates the sender for the loss of the items.

If consumers want to sue, the evidence they need to provide includes: courier bills and payment notes. This is the most basic evidence to prove the existence of a transportation contract and to prove that the courier company collected the mailed items and fees. There must also be relevant evidence that can prove the value of the items being mailed, such as item invoices, supermarket receipts, payment documents, etc. Consumers need to pay attention to collecting and preserving evidence. It is best for consumers to write down the name, model and other relevant information of the product on the express delivery form. Do not try to save trouble. If the content of the mail is generally written as "items", it will easily cause obstacles to rights protection.

It should be noted that the courier company has misunderstood the law to only pay three times the postage if the mail is lost. According to the provisions of the "Postal Law", only the mailing business of post offices under China Post Group Company is a universal postal service business. The compensation for loss of mail by other express delivery companies shall be subject to the provisions of the "Contract Law" and other laws. Therefore, the provisions of the Postal Law on the limit of triple postage compensation do not apply to other express delivery companies.