The first administrative regulation of express delivery industry was issued： these eight questions have been answered.
BEIJING, March 28th (Reporter Qiu Yu, Cheng Chunyu) China is the largest express delivery country in the world. In 2017, the express delivery business exceeded 40 billion pieces, and it is expected to grow at a rate of about 10 billion pieces every year. In the process of rapid development, the express delivery industry is faced with some problems such as nonstandard market operation order and unclear service rules.
Recently, China’s first administrative regulation specifically for the express delivery industry, the Provisional Regulations on Express Delivery (hereinafter referred to as the "Regulations"), came into effect on May 1, 2018. In view of the privacy protection of the sender and how to claim compensation after the lost express mail, it has been clearly stipulated.
real-name system (for a service)
— — Express delivery companies with false identity information may not accept and send them.
Express delivery to real-name registration system means that the sender needs to show his ID card and register personal information, which was officially implemented at the end of 2015.
The "Regulations" further clarify that enterprises engaged in express delivery business should check the identity of the sender and register identity information when receiving and sending express mail. If the sender refuses to provide identity information or provides false identity information, the enterprise engaged in express delivery business shall not accept and send it.
secret protection
— — The maximum fine for revealing the sender’s privacy is 100 thousand
Express delivery to real-name registration system has become one of the measures to ensure the safety of express parcels, but at the same time it has caused people’s concerns about privacy.
In this regard, the "Regulations" stipulate that no unit or individual may illegally inspect other people’s express mail except that the relevant departments inspect it according to law. No unit or individual may open, conceal, destroy or resell other people’s express mail without permission. Enterprises engaged in express delivery business and their employees shall not sell, disclose or illegally provide user information known in the process of express delivery service, and the maximum penalty is 100,000 yuan if the circumstances are serious.
"To fully implement real-name registration system, we must solve two problems." Liu Junhai, director of the Institute of Commercial Law of Renmin University of China, said that the first is to ensure the traceability of the sender’s information, and the second is to protect the privacy of consumers. If the consumer’s information is not fully protected, it will be difficult to promote it in real-name registration system.
Network stop
— — Suspend service, and properly handle undelivered express mail.
On holidays, due to the return of a large number of couriers, some courier companies will have the problem of network shutdown and backlog of express mail. How to ensure the quality and timeliness of express delivery service?
The "Regulations" pointed out that the state encourages enterprises engaged in express delivery business to provide users with normal express delivery services according to the actual situation of business volume changes during holidays.
At the same time, it is clear that if an enterprise operating express delivery business or its branches suspend express delivery service due to force majeure or other special reasons, it should report to the postal administration department in time, announce the reasons and time limit for suspension of service to the public, and properly handle undelivered express mail according to law.
Damage claim
— — You can ask the enterprise or service enterprise to which the express waybill belongs for compensation.
In the course of delivery, disputes caused by damage or loss of express mail often occur. In August 2017, China Consumers Association collected opinions on the "Provisional Regulations on Express Delivery (Draft for Comment)" and found that consumers are most concerned about the compensation for lost or damaged express delivery.
With regard to claims, the Regulations stipulate that if the legitimate rights and interests of users are damaged due to delay, loss, damage or shortage of internal parts, users may demand compensation from the enterprise to which the trademark, name or express waybill belongs, or from the enterprise that actually provides express service.
In addition, if the express mail is delayed, lost, damaged or the internal parts are short, the liability for compensation for the insured express mail shall be determined in accordance with the insured rules agreed between the express delivery enterprise and the sender; For uninsured express mail, the liability for compensation shall be determined in accordance with the relevant provisions of civil law. Encourage insurance companies to develop liability insurance for express loss, and encourage enterprises engaged in express delivery business to insure.
End dispatch
— — Encourage enterprises to share facilities and promote intelligent express cabinets.
The emergence of intelligent express cabinets allows office workers not to worry about no one receiving goods at home, and couriers can also avoid a trip in vain. The courier can put the express mail in the cabinet and notify the user by SMS, providing 24-hour self-service pick-up service.
The "Regulations" clearly encourage multiple enterprises engaged in express delivery business to share terminal service facilities and provide users with convenient express terminal services.
In addition, there are many high technologies in the express delivery industry, such as sorting robots, drones to deliver express delivery, and mobile phone software that can know the location and delivery time of couriers in real time.
The "Regulations" propose to encourage and guide enterprises engaged in express delivery business to adopt advanced technology, and promote the popularization and application of automated sorting equipment, mechanized loading and unloading equipment, intelligent terminal service facilities, express electronic waybills and express information management systems.
Express vehicle
— — Local authorities shall not prohibit the passage according to law.
It is difficult for express vehicles to pass, which is a concern of couriers. The "Regulations" clearly require that the right of express delivery service vehicles to pass and temporarily stop should be guaranteed according to law, and express delivery service vehicles should not be prohibited from passing according to law.
At present, electric tricycles, which are widely used in the express delivery industry, have become the first choice for couriers to deliver in the "last mile" because of their flexibility and large cargo capacity. However, disputes about the speed limit standard of electric tricycles have always existed.
The "Regulations" require that the management and use of express delivery service vehicles be standardized according to law, the speed and loading quality of special electric tricycles for express delivery should be stipulated, and the unified numbering and identification management of express delivery service vehicles should be strengthened.
Violation of traffic regulations
— — Cause damage to others and bear tort liability.
In reality, some express delivery companies ignore traffic safety, and delivery staff sometimes violate traffic rules and disrupt urban order.
The "Regulations" propose that express delivery practitioners should abide by the provisions of road traffic safety laws and regulations and drive vehicles safely and civilized in accordance with operational norms. If the courier practitioners cause damage to others due to the execution of their work tasks, the enterprises that operate the courier business to which the courier practitioners belong shall bear the tort liability in accordance with the relevant laws on civil tort liability.
On March 26, the Ministry of Public Security said that serious traffic violations such as running red lights, retrograde and occupying motor vehicle lanes should be strictly investigated; Those who are responsible for traffic accidents and have repeatedly violated the law seriously will be included in the record of dishonesty, and enterprises will be urged to implement the measures of repaying and forbidding entry.
Packaging pollution
— — Encourage the use of degradable and reusable materials.
While enjoying the convenience brought by express delivery, we should also consider "reducing the burden" on parcels and reducing pollution. At present, plastic tape and roller tape have a great impact on environmental protection.
The "Regulations" stipulate that the state encourages enterprises and senders engaged in express delivery business to use degradable and reusable environmental protection packaging materials, and encourages enterprises engaged in express delivery business to take measures to recycle express packaging materials to achieve reduced utilization and reuse of packaging materials.
Express delivery companies have begun to take action, some vigorously promote recyclable environmental protection cloth bags to replace the commonly used woven bags, and some companies have launched recyclable "shared express boxes".
Zhao Xiaomin, CEO of Chuanshuo Enterprise and an expert in express delivery, said that from the perspective of the logistics industry trend, it is worthy of recognition to promote green recycling packaging boxes, but it is difficult to change the current situation of using disposable packaging in a short period of time, and the joint efforts of industries and institutions are needed. (End)