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对于给据邮件的丢失、损毁、内件短少,《邮政法》授权国务院邮政主管部门确定赔偿的金额。国务院邮政主管部门在相应的处理规则中,明确了赔偿的限额。但由于人们对特别法优于一般法的法律原则存在多种理解,致使国务院邮政主管部门的规定往往得不到法院的采信,从而使《邮政法》的规定落空,不利于维护邮政企业的合法权益。由此,探讨特别法优于一般法的真实含义,并将其正确地应用到邮政法领域,具有重要的意义。
According to the mail is lost, damaged, missing pieces, “Postal Law” authorized the State Post Administration to determine the amount of compensation. The State Council department in charge of postal management in the corresponding rules, made clear the limit of compensation. However, due to various understandings of the legal principle that the lex specialis is superior to the general law, the regulations of the postal administrative department of the State Council often fail to obtain the approval of the court so that the provisions of the Postal Law come to nothing and are not conducive to safeguarding the legal status of postal enterprises rights and interests. Therefore, it is of great significance to explore the true meaning of the special law over the general law and to apply it correctly to the field of postal law.