Reporter investigates the problem of express delivery service
Why is there less courier delivery now?
□ Our reporter Han Dandong
□ Intern Yang Huijia
Mr. Li from Beijing lost another courier not long ago.
In the afternoon of the same day, he saw that the product he had purchased was "delivered" in the backend of the shopping software. After half an hour, he refreshed the order information and found that the product was "signed by the guard".
After get off work, he went to the guard to find a courier, but he couldn't find it.
"My courier has been signed for by the guard, by the post, and even by the water tank, electric box, and'someone'." Mr. Li was very upset about this.
Mr. Li's situation is not alone.
A reporter from the Rule of Law Daily recently interviewed Beijing, Shanghai, Jiamusi, Heilongjiang, Cangzhou, Hebei, and other places and found that some couriers lacking professionalism had not received them on the grounds of “calling no answer” or “knock on the door no answer”. If the person permits the delivery to be stored at the door, express station, express supermarket or other storage point, some even click "sign for receipt" directly.
According to Article 84 of the Postal Law, "express delivery" is defined as "posting activities completed quickly within the promised time limit".
Many industry insiders interviewed by reporters believe that "express" means "fast" and "delivery", where "fast" means fast, and "delivery" means hand-by-hand, and the courier delivers the courier to the recipient.
However, in reality, the last link of "hand-by-hand" is not satisfactory-the end-of-express delivery service has "stubborn problems" such as non-addressed delivery, false signatures, and illegal charges.
Direct delivery without notice
False receipts are not uncommon
The reporter found that in the issue of non-addressed delivery, some consumers hold different views on this issue, and they have different needs for whether express delivery is "home delivery".
Some people strongly oppose courier storage, and the courier must deliver the courier to their own hands; some people agree to deliver the courier to the door, post or other collection point because of the inconvenience of receiving the parcel, but they all have a prerequisite— -The courier needs to communicate in advance before delivery.
Ms. Zhen who works in Beijing is a 9 to 5 office worker. There is no one at home during the day. She is worried that if the courier leaves the courier at the door of the house, it may be taken away by others or cleaned up as garbage, so she hopes the courier After communicating with yourself, store the courier at the inn first.
Ms. Zhang, who rents in a community in Jiamusi City, is a freshman. Due to busy classes, she is basically away from home during the day, so she usually asks a courier to store the courier in a supermarket in the community.
However, according to the reporter's understanding, some couriers directly put the courier at the collection point without notifying the recipient.
Ms. Zhu from Heilongjiang reported that she once bought an electronic product and was “signed for receipt” before receiving the goods.
"I saw the platform reminded that the goods had been delivered and signed for, so I went to the collection point to pick up the goods within the specified time, but I could not find the goods. Later, I contacted the courier, and the other party explained that because I was about to leave work, I ordered the sign in advance. I'll send it in two days."
According to the "Interim Regulations on Express Delivery", the express delivery company shall deliver the express mail to the agreed receiving address, the recipient or the recipient designated by the recipient.
Lawyer Ding Hongtao, a senior partner of Beijing Jiarun Law Firm, believes that this is the main legal basis for "express delivery".
In this provision, the so-called "deliver to the agreed receiving address, recipient or recipient designated by the recipient" includes two actions, one action is to "deliver to the agreed receiving address" and the other One action is "deliver to the recipient or the recipient designated by the recipient".
These two actions are indispensable, not the relationship of "or", but the relationship of "and".
Ding Hongtao said that only the "home delivery" delivered the express to the agreed receiving address, but did not deliver it to the recipient or the recipient's designated consignee, or delivered the express to the recipient's home without the recipient's consent. Doors, express cabinets, post stations, and other collection points violate the legislative spirit of the Postal Law and the principles and provisions of the "Interim Regulations on Express Delivery."
Ding Hongtao reminded that if the sender chooses the courier service, or the recipient clarifies to the courier company or courier when the courier seeks his opinion, the courier can be delivered to the courier cabinet or other collection point, or directly at the door of the house. The courier company or the courier should keep the evidence of the delivery method.
Low end delivery cost
Courier is difficult to deliver to your door
In order to effectively strengthen the standardized management of express terminal delivery services, on April 6 this year, the Beijing Postal Administration issued a notice to organize a three-month special management work for express terminal delivery services throughout the city.
It has been a month since the end of the special rectification in Beijing. A recent visit by reporters found that in Beijing, the problems of non-addressed delivery, "false signatures", and illegal charges in the end delivery of express delivery have eased, but with the pressure of competition in the express industry Many courier companies have adopted the strategy of reducing the delivery fee at the end of the express delivery, and the profit of single express delivery at express outlets is low. The phenomenon of express delivery companies directly storing the express in the post without the recipient’s consent still exists. .
Wu Yue, a professor at the Beijing Institute of Materials and Materials, believes that with the rapid development of the express delivery market, consumers' consumption habits have changed, and there are higher requirements for service quality and logistics speed.
Many express companies have started a "price war". In order to compete for profits, lower express prices and increase the daily delivery tasks of couriers have led to the problem of non-on-demand delivery to a certain extent.
Ding Hongtao believes that the low courier fee, even lower than the delivery fee, is the fundamental reason why it is difficult for couriers to deliver to the door.
In order to complete the task, the courier company has to put the express in the express cabinet, express supermarket, and collection point in order to save costs.
During the interview, some consumers were worried that if the local government strengthened the management of the end-of-express delivery service, would it cause the express company to raise the express delivery fee?
According to Wang Xueshan, a lawyer from Hebei Li Jingyu Law Firm, according to the "Notice on Issues Concerning the Liberalization of Some Postal Service Fees", domestic express mail delivery fees, postcard delivery fees, printed matter delivery fees and packages weighing less than 10 kilograms (per cubic meter) Competitive parcel delivery fees such as parcels weighing less than 167 grams) will be changed from government pricing to market-adjusted pricing. Postal enterprises can independently determine the tariff structure, tariff standards, and billing methods based on market supply and demand and competition conditions.
However, when a postal enterprise formulates or adjusts the postal service tariff items and tariff standards that implement market-adjusted prices, it shall publicize it to the public 30 days in advance and send a copy to the National Development and Reform Commission and the State Post Bureau.
"Price increases must have a reasonable factual and legal basis, and price increases must not be colluded. According to Article 37 of the "General Postal Service Supervision and Administration Measures", the postal administration must supervise the price increases of express companies in accordance with the law." Wang Xueshan Say.
It is worth noting that the reporter has observed that during peak periods such as "Double 11" and the Spring Festival, there will be joint price increases within the express industry, which will greatly increase the standard of package fees, but the income of couriers is often The increase is not obvious.
In this regard, Wang Xueshan believes that, according to the "Interim Regulations on Express Delivery", the state encourages express delivery companies to provide users with normal express delivery services during holidays, so as to guide companies through various effective measures such as reasonable arrangements for duty leave and giving employees material and spiritual incentives. The mutual benefit and win-win of consumers and workers.
The terminal express delivery company should revise the specific delivery fee standard with its contract counterparty in accordance with the law, so as to increase the individual labor fee standard for the specific delivery personnel.
Delivery personnel as laborers also have the right to claim overtime pay on the grounds of overtime on statutory holidays, or to increase the single-piece distribution standard, so as to eliminate the strange phenomenon of upstream price increase and downstream irrelevant.
"However, for express service personnel, business growth does not equal welfare growth. Effectively improve the performance system of express service personnel and increase the personal income of express service personnel, so as to better achieve on-demand delivery." Wang Xueshan said.
Take multiple measures to improve the mechanism
Properly solve the delivery problem
On July 8, seven departments including the Ministry of Transport and the State Post Bureau jointly issued the "Opinions on Doing a Good Job in Protecting the Legal Rights and Interests of the Courier Group."
In terms of guaranteeing reasonable labor remuneration, the "Opinions" proposes to formulate the "Express Delivery Fees Accounting Guidelines" and "Express Worker Labor Quota Standards", establish a collective negotiation mechanism for industry wages, and guide e-commerce platforms and express companies to strengthen coordination and strengthen Labor security supervision and law enforcement.
Liu Jianxin, executive director and special researcher of the Chinese Society of Logistics, believes that if we can reduce the loss of couriers by improving working conditions, increasing the income of express delivery practitioners, and adopting incentive policies, it will be helpful to curb "penalty management" and achieve common prosperity. To solve the problem of proper investment.
Wang Xueshan suggested that it is necessary and feasible to establish an electronic camera monitoring system in the entire chain of outbound, delivery, and distribution, and use scientific and technological means to conduct seamless supervision.
Ding Hongtao proposed that if the e-commerce platform can clarify the prices of different express services, it should help solve the problem of end delivery.
"The e-commerce platform should make it clear that the prices of different express companies are different. Delivery to the door is a price, delivery to the express supermarket is a price, and delivery to the express cabinet is a price, allowing consumers to choose the delivery method according to their needs." Ding Hongtao said, "The'one size fits all' price is unfair to consumers. Consumers want to express delivery to the express cabinet, but they have to pay the door-to-door price; it is also unfair to the courier company. The door-to-door delivery and the delivery to the express supermarket should not be the same. Toll."
Speaking of the liability for incorrect delivery, Ding Hongtao bluntly stated that if the express mail is not delivered in accordance with the law, the express company shall bear the corresponding civil and administrative liabilities.
If the courier is not delivered in accordance with the law and is damaged, lost, or deficient, the courier company shall generally be liable for breach of contract or tort in accordance with the Civil Code.
According to Article 40 of the "Express Market Management Measures", companies operating express delivery services violate express delivery service standards and seriously harm the interests of users. Postal administration departments shall order corrections and impose a fine of not less than 5,000 yuan but not more than 30,000 yuan.
According to Article 25 of the "Interim Regulations on Express Delivery," the courier must notify the recipient or the consignee to check and accept the delivery in person.
If the courier fails to deliver the goods according to the law, and fails to inform the face-to-face acceptance, in the event of damage, loss, shortage, etc., the consumer's rights protection is more likely to be supported.
From the consumer's point of view, what should I do if we encounter problems such as non-delivery by address or false receipt by couriers?
The interviewed experts all stated that consumers can call the official customer service number of the logistics company to negotiate, and if the problem still cannot be resolved, they can log on to the official website of the State Post Bureau or call the consumer association hotline to lodge a complaint.