According to the voice of China" news" report, a copy of courier packages, three things : cups, shoes, and a package, from Jilin to Tibet around the cup back, still, still had no shoes, bags. That happened in the Changchun resident Mr. Zhao 's body.
The value of 3000 yuan, in the delivery process of disappearing bag, Mr. Zhao has not received a satisfactory answer. Therefore, from the end of last month ( March) so far, Mr. Zhao in micro-blog launch up to ten days ' journey.
Zhao: February 26th from Tibet to me that a shipment, shipment to March 1st when I ask the box inspection, when opening the package has not been found, only one packet packing bag, I was rejected.
The speaker is lost, express the Changchun resident Mr. Zhao, because is a police officer, ten days ago, his micro-blog or" if Sir", however, in the ten days ' in the process, he has his name changed to" stubborn if police officer". " Stubborn", from March 31st up to now, he continued micro-blog rights, even overnight to express industry related laws and regulations. However, up to now, although he finally received the express company -- express the apology, but still not received a satisfactory answer.
Zhao: it belongs to the apparent theft.
The express company: from process is" goods to take short" such a concept, is something missing, because things not insured, now2800 couldn't pay you ah, right? So high. Although you are from me this the goods, how to say I was responsible, I can give you now a compensation of 500dollars.
Whether express, or individual"12305" post consumer complaints telephone staff, in the first response to postal law"," the standard gives the compensation scheme. That is to say, if the insured mail, lost or completely destroyed can be in accordance with the insurance policy compensation; if there is no insured, the actual loss is again high, the maximum amount of compensation may not exceed three times the charge fees.
Mr. Zhao obviously cannot accept this interpretation. He thinks : on the one hand, express delivery enterprises in close send express, did not perform prompt" price" of duty; on the other hand, the private express delivery enterprises do not belong to the" law of post" refers to China Post Group and provide postal services, a wholly-owned holding enterprises. In this regard, a famous lawyer, China Consumer Association of lawyers to Colonel Qiu Baochang endorsed.
Qiu Baochang:" law of post" came to national monopoly administrative sectors, and now the market economy a lot of express industry is a company, so it can be applied to the "company law" and the" contract law" and" consumer protection law" the relevant provisions, so I personally think that should be applied to eliminate and contract law, in accordance with the rights and obligations of both sides, I think it should be in accordance with the actual damages.
And even can't take" law of post" when pretense, courier companies still have prepared in advance of the format of the contract as an amulet, such as" send express the real value of goods does not exceed its payment delivery costs5 times" the terms, provisions of the courier company only take delivery cost up to 5 times the compensation responsibility. Such terms, although the requirements of the relevant provisions of the consumer must be expressed, but most people are unaware. For such a format clause, Qiu Baochang also has reservations.
Qiu Baochang: This is an unfair, unreasonable terms of format, it should be the invalid clause. Of course, break the unfair terms in consumer, it is very difficult, need to related departments for supervision and the joint efforts of the whole society.
In the subsequent negotiations, express Lhasa shop responsible person to enhance the standard of compensation, but the $800commitment remains with Mr Zhao heart expected to have not little space, more importantly, in Mr. Zhao, courier companies to evade, including regulations, regulation is not clear, to consumers adults have caused great distress, he decided to continue the" stubborn".
In fact, Mr. Zhao such cases are in the minority, industry experts point out that, along with the vigorous development of the express delivery industry, admittance doorsill is low caused by uneven, some good and some bad throughout the industry, as well as of 2007, the State Post Bureau reorganization of the establishment, has been the lack of supervision of the historical reason, the express delivery industry is facing many problems in development. How to further clear regulatory responsibility, perfecting laws and regulations, is worth to think, China will continue to pay close attention to the sound.
Source: China Broadcasting Network