Three chaos like the other express delivery indust

"Express" : not a single Courier because reporter: we talk about various problems in the Courier industry, should start from clarifying the nature of the industry.Express industry is conducted by the postal law norms, from the legal Angle, we usually say it and what is the difference between the postal service?Zheng Jianing: according to the provisions of the postal law, delivering activities into two kinds of universal postal service and Courier service, the universal postal services related to the public services, postal enterprises shall bear social responsibility;And express service is essentially a kind of typical for-profit business, express is the relationship between enterprises and users, belongs to the category of the market economy regulation.Reporter: as is known to all, express industry grew rapidly in recent years, due to the rapid development of electronic commerce.From the business process, Courier companies is the shipper online shopping goods.On paper, then, buyers and what's the relationship between electricity, express delivery, respectively.Zheng Jianing: here are two legal relationship.In general, users on the network shopping, only with electricity (such as taobao merchants) signed a contract, this is a heavy business relationship;Find Courier companies to deliver electricity, this is a heavy transport relations.According to the contract relativity principle, both cannot be confused, the user and the stipulations of the electricity can not constraints as a contract to a third person outside Courier companies.Courier companies as an independent civil subject, has the right to freedom of contracting, contract signed with electricity can decide whether to deliver, with what kind of price, aging clinch a deal.Reporter: we noticed that the latest statistics from the national post office, this year's "11" express the highest single-day volume in November 13, is in the consumer order two days later.Does that mean that widely questioned the "express" problem, not Courier companies to some extent the cause of the unilateral?Zheng Jianing: from a legal sense yes, express delivery time from the electrical contractor will deliver the goods to the time of delivery, the rather than is generally believed that since the order to clinch a deal.Reporter: now the highs of online differences like the passenger flow during the Spring Festival, almost impossible to change the status quo, it is also one of the objective causes of delay in delivery.Express industry is how to deal with this problem?Zheng Jianing: actually, Courier companies also hope to be able to keep up with the online retail sales promotion, but there is a cost - benefit calculation problem of promotion is accidental events, if carried out in accordance with the volume when sales promotion personnel, equipped with daily capacity, will inevitably cause a large number of idle and waste of resources, lead to the loss of the enterprise, is not conducive to the development of the express industry.I feel or should be adjusted by the means of market, such as price control, time delay insurance and so on."Joining threshold low:" journalist should perfect the relevant system specifications: the express industry in some of the adverse phenomenon, many have occurred in express join in enterprise, this point to join in the franchise mode.Can introduce domestic express industry operation mode status first?Zheng Jianing: express business management pattern is divided into retail, join and agent 3 kinds.Some express business enterprises adopt the marketing patterns (such as EMS, motion), but joined, the agent is the main mode of private Courier enterprise in our country.Private Courier enterprise network is convenient, the price preferential benefit, but also solve the problem of a lot of labor and employment (as of October 2013, China's express delivery staff has exceeded 800000), is indispensable to China's express delivery market a force.Join from the point of view of the commercial law is the essence of franchise, is a legitimate business model.Reporter: now a lot of problem is refers to the root of the express industry in joining mode, many people think that should change the threshold is low, the management of the status quo.What do you think?Zheng Jianing: in the promotion of the government and to delegate today, unfavorable for enterprises to choose what kind of business model to do too much administrative interference.Express business joining has its particularity, however, is to "cut".Popular point said, is a small Courier is fluid, by Posting, sorting, transportation, delivery and so on each link to get to the user, which requires comprehensive coverage network support.So, express join is extremely important.For example, one of the joining management place shut down, will affect all the express charge to the work of the service area, and even the whole deliver the interruption of the network.Join management for delivery, shall be based on the study of the industry characteristics, to establish relevant system to guide and standardize the market behavior.At present, the express delivery market management method "to join problem has built up the rules of the framework.Due to the express industry is a sunrise industry, is still in the growth of suggested that relevant departments have problems, give play to the wisdom of law, economics and management, continuous innovation to improve, in the join of access, join to change, is used by joining person responsibility, margin, emergency treatment on issues such as a breakthrough."Customer information" : the reporter should make information management system: not long ago there appeared a few Courier companies sell customer information, how do you think of delivery information protection?Zheng Jianing: first of all, it is important to note that the Courier information may be leaked through many channels.In online shopping, for example, electricity can be aware of the user's information, the network platform will have corresponding records, express delivery business in delivering inevitably contact information, the user, such as processing surface single can also lead to poor information confidential.Therefore, express information disclosure liability shall be pursued in, be sure to case analysis, first impressions are most lasting.Information rights and privacy are not the same.Privacy is don't want to let others know, its access is often illegal.Information is often the user offer, hope to use within a certain range limited.Privacy is a purely private law rights, by means of civil law which can achieve the goal of remedy.And information rights as the nature of the public interest and private interest, need to develop special protection approach to management.Reporter: special protection method is to point to?Zheng Jianing: the connotation of information rights itself is very rich.Express information into the user information and business information, both involving personal rights and property rights.Who should shall enjoy the right of information?Who has the right to collect and save the information?Who is responsible for the information burden of proof of infringement?Damages of how to calculate?The public security information how to solve the problem?This a series of problems demanding prompt solution.The good news is that just revision of the consumer rights and interests protection law article 29 of the protection of information superiority has carried on the preliminary attempt.Related departments should seize this opportunity, carefully study the profession characteristics, actively develop the express industry information management system.In a word, in the network era, information rights protection needs the joint efforts of the whole society.

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