"First sign, post inspection" bad rules need to fight back

The reporter learned from the Beijing Consumers’ Association on September 1 that the Consumer Associations (CCC, Consumer Protection Committee) of 21 cities including Beijing, Shanghai and Hong Kong pointed out at the “2010 Urban Consumer Rights Protection Forum” recently held that for a long time The unspoken rules of the express delivery service industry of “first signing and post-inspection” are illegal provisions that infringe on consumers’ right to information and fair trade rights. Consumers have the right to “first sign and then sign”. (September 2 "News Evening News").

In recent years, when consumers pick up courier goods, they often encounter problems such as missing, damaged, lost bags, and improper goods. The long-term implementation of the “first sign, post-check” rules in the express delivery industry has led to a large number of consumer disputes.

However, "first sign, after the inspection" is not a reasonable line of rules? We have seen that when consumers choose online shopping, television shopping, and other forms of purchase of goods, they are given the first inspection, the signature of the promise, and some network marketing, television marketing and express delivery companies signed the first inspection, Post-signature agreement.

In fact, the "Postal Industry Standard for Express Delivery Services" implemented on January 1, 2008 also expressly states: "The following requirements must be met when a shipment is signed: When express delivery personnel deliver the shipment to the recipient, they should be obliged to inform the recipient. Acceptance express; After acceptance without objection, the inspector shall confirm the receipt.” This standard clarifies that after the express delivery is delivered, it must be checked and accepted first, and after acceptance, there is no objection to confirm the signing of the operation procedure.

Therefore, "signing first and then inspecting goods" is an illegal clause and has no legal effect on consumers. Consumers have the right to refuse. However, in retrospect, the “first sign and post-inspection” rules of the express delivery industry did not converge because of the public opinions of the two years and the warning from the Consumers Association. Instead, more courier companies implemented the express delivery service. "First sign, after inspection" of the rules.

Analyzed, the express delivery industry's “first sign, post-inspection” program harms the interests of consumers. On the one hand, there is a corresponding constraint mechanism among the merchants, the express delivery industry, and the consumers, which leads to the development of the market's “good faith” seed. There is no flowering in the express delivery industry. On the other hand, at present, China has not specifically targeted the laws governing TV shopping and express delivery industries. As a result, there is a dead angle in this aspect of supervision, causing the express delivery industry to play a "double-sided role between businesses and consumers. people".

It is worth noting that the unfavorable rules such as the "first signing and post-inspection" of the express delivery industry exist in other industries to varying degrees, such as the heating costs collected according to the construction area and the pool area; the hotel industry "is noon at 12 noon." "The hotel" refused to bring their own drinks; continued to levy airport construction fees; catering industry to collect tableware disinfection fees, etc., the industry's unfavorable rules are to consumers as fish on the cutting board, arbitrary cutting. Although Consumers' Associations from all parts of the country proceed from the maintenance of the interests of consumers, they publish and comment on the bad rules in the consumer field every year. However, the Consumers Association is not a government functional department. It does not have law enforcement powers. It plays only the role of “off-site guidance” to safeguard market economic order and fairness.

Therefore, letting the bad rules in the consumer field disappear in the market, we must be good at using legal means to help consumers enhance the game ability of bad rules with the industry, so that the bad rules in the face of the law "declined."

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