Rules For Handling Disputes Concerning Postal Express Contracts

[case]

In March 24, 2012, the plaintiff took the "international package notice" sent by the defendant to the defendant to pick up the mail from his friend from the United States, and found that the envelope was opened, and he refused to accept it because he did not know whether it was missing or damaged.

The defendant returned the mail in accordance with relevant regulations.

In April 3rd, the plaintiff went to the defendant to negotiate the settlement, and the defendant informed him that he had returned the mail to the United States.

The plaintiff was contacted by an American friend and his friend was not returned.

The mail is missing.

To this end, the plaintiff in April 26, April, the original defendant has already formed an entrustment contract, the defendant has not fully fulfilled the obligation to pay full mail, and the whereabouts of the mail is unknown, resulting in plaintiff's economic losses, the prosecution of the county people's Court of Jiangxi Province, People's Republic of China, according to the "People's Republic of China contract law", "consumer protection law of the People's Republic of China consumer protection law" of the relevant provisions to order the defendant to continue to perform.

To deliver mail, compensate the plaintiff for telephone charges and attorney fees for a total of 1523.90 yuan, and compensation for mental damage, 1 yuan, and apologize.

The defendant, A County postal branch, replied that the mail was not completely opened, but some pieces of plastic strips were opened.

This case is a compensation dispute between postal enterprises in handling postal business and postal users. It should be dealt with in accordance with the "People's Republic of China postal law" and the relevant provisions of the postal administration.

There is no direct relationship between rights and obligations between the plaintiff and defendant, and the plaintiff's prosecution is not in conformity with the provisions of the civil procedure law.

The plaintiff should be dismissed.

[trial]

According to the trial of the people's Court of A County, the dispute over compensation between postal enterprises and postal users will be dealt with in the postal service. According to the spirit of the Supreme People's court's judicial interpretation, it should be handled in accordance with the postal law of the People's Republic of China, the detailed rules for the implementation of the People's Republic of China postal law and the relevant provisions of the postal administration.

The lawsuit mail is international mail, the plaintiff can not prove that the mail is to be sent to the mail, should be regarded as normal mail.

When the defendant submitted the document at the window, the plaintiff refused to accept the letter by mail. The defendant immediately returned the mail to the original postal service in accordance with the relevant provisions of the international mail processing rules, so the plaintiff did not have the qualification to sue for compensation.

In accordance with the provisions of the Civil Procedure Law of the people's Republic of China, the court ruled in May 26th 2012: Liu Mouzhi was dismissed.

[comment]

For the disputes between postal administrations and postal users in the process of handling postal businesses, the people's courts should grasp the following three points in the trial:

1. confirm that the type of mail is of great significance to the trial of postal disputes.

According to mail processing procedures, the mail is divided into two categories: normal mail and mail.

The forty-first laws of the People's Republic of China post act and the twenty-fourth rule of the international postal processing rule give a clear definition to these two kinds of mail.

According to the mail, it is the mail that the post office receives when the receipt is sent, and when the delivery is delivered, the normal mail is the mail that the post office does not receive the receipt and deliver when it is received.

There are different procedures for dealing with these two kinds of mail post offices.

When the mail is lost, short or damaged during the delivery process, the post office shall be liable for compensation in accordance with the relevant regulations, and the post office shall not be liable for compensation for any reason that the ordinary mail is lost, short or damaged during the delivery process.

From the analysis of this case, litigation mail is a regular mail. Even if the mail is lost, the post office will not be liable for compensation in accordance with relevant regulations.

2. is the plaintiff eligible for litigation in this case?

To clarify this problem, we must first clarify whether there is a legal relationship between the defendant and the defendant.

In this international postal business, there are four parties, namely, American friends, postal service, China Post and plaintiff who mail the plaintiff to the plaintiff.

What is the status of the defendant as a specific delivery office of China Post, and what is the relationship with the plaintiff in this postal service? According to the normal procedure, the plaintiff's friends in the United States send the mail to the plaintiff as the sender, entrust the mail to the plaintiff in the United States, pay the postage, and the United States Postal Service entrusts China Post to the plaintiff according to the relevant regulations.

In this postal business, the postal service between the United States postal service and its plaintiff friends is a contract relationship between mail and mail. The postal relationship between the United States postal service and China post is entrusted. The postal service of China post is submitted to the plaintiff according to the postal service of the United States.

According to the provisions of the seventh law of the People's Republic of China postal law "the ownership of mail and remittance before the sender or payee is sent to the sender or remittance", there is no civil rights and obligations relationship between China Post and the plaintiff before the mail is sent.

If the mail is lost or damaged in the mail delivery process, it can be entrusted to the post by the sender Xiang Yuan to make compensation (must be sent to the mail).

In this business, the defendant does not have the right and obligation due to the plaintiff's refusal to receive it. Therefore, the defendant does not have the rights and obligations, and the plaintiff does not have the qualification of the main body of the lawsuit.

3. law applicable to the case

According to the contract law of the People's Republic of China and the law of the People's Republic of China on the protection of consumers' rights and interests, the plaintiff sued the case on the basis of the People's Republic of China postal law and the detailed rules for the implementation of the People's Republic of China postal law.

The application of law in this case deals with the relationship between common law and special law.

The postal law is a special law that specifically adjusts the relationship between rights and obligations between postal enterprises and postal users. Contract law and elimination rule are common laws based on the relationship between general contract relations and consumer and operator's consumption relationship.

In accordance with the principle that the special law is superior to the common law, the case should be based on the postal special law.

In June 3, 1993, the Supreme People's court made a clear explanation in the reply to the letter on how to apply the law to the Changchun cultural and educational book distribution center and the Changchun post office's compensation case: "compensation disputes between postal enterprises in handling postal businesses and postal users should be handled in accordance with the People's Republic of China postal law, the detailed rules for the implementation of the People's Republic of China postal law and the relevant provisions of the postal administration."

Therefore, I believe that the application of law by the court is undoubtedly correct.