First, the access restrictions of express delivery business are too strict, and the scope of postal franchise is too wide.
Express business access involves the registration and approval of express enterprises, postal express business access, air transport market access and multimodal transport market access. At present, the main problems are the access of postal express service and postal franchise. Postal monopoly is a system that the national law gives the postal department a monopoly on some postal services, mainly referring to the monopoly of letters. Postal monopoly stems from the need to ensure universal postal service. Franchising a certain range of postal services is an important means to achieve universal service. In order to ensure the effective provision of universal postal service, most countries in the world have stipulated the scope of postal franchise. Postal monopoly is essentially an administrative monopoly or statutory monopoly power, and it is also a compensation measure for the state to undertake universal service obligations to postal enterprises. The business within the exclusive scope can only be operated by designated postal enterprises. Its main purposes are: to improve the universal service ability of postal service; To provide a certain range of monopoly profits, to some extent, make up for the losses caused by the implementation of universal services by postal enterprises.
At present, the provisions of China's laws and regulations on the scope of postal franchise are too principled and vague, and the postal department has extended the explanation of "letters and articles with the nature of letters", inappropriately expanding the scope of franchise business, providing conditions for strengthening the monopoly operation of other competitive businesses (mainly express delivery business). In recent years, with the economic development and social progress, there are more and more competitive commercial businesses such as logistics distribution and express delivery, and domestic express delivery enterprises have developed rapidly. According to the data of Shanghai Administration for Industry and Commerce, there are 1027 companies with the words "Express" and "Express" in their names. Together with "express delivery" enterprises and various re-employment service agencies, there are more than 6,000, with more than 654.38+million employees. The express delivery business volume reaches more than 500,000 tickets every day and the annual turnover exceeds 2 billion yuan. It is estimated that there are more than 1 10,000 express delivery employees in China, and the number of enterprises exceeds 20,000, with an annual turnover of over 50 billion yuan. As many non-mail express delivery companies are engaged in letter express delivery business, according to the regulations of the postal department, 60% of the domestic express delivery business of non-mail express delivery companies does not meet the regulations. Therefore, the current laws and regulations have a decisive influence and restriction on the existing express market structure and development. Postal monopoly also has certain restrictions on consumers' freedom of communication. For example, in the "package" service for consumers, can the courier company deliver business letters (such as explanatory letters attached to packages or small business samples, product catalogues, etc.)? ) has become a dilemma. Delivery (even passive, the letter itself is free) is illegal, and non-delivery increases the transaction cost of consumers. The improper expansion of franchise scope has caused the following problems: first, it has strengthened the postal monopoly management system, which is not conducive to the improvement of postal enterprises' efficiency and their own development; Second, it harms the rights and interests of competitors and is not conducive to the formation of a fair market order; Third, it restricts citizens' "freedom of communication" and narrows consumers' "right of delivery", which is not conducive to expanding employment and promoting social stability.
In the "Postal System Reform Plan" issued in July 2005, when it comes to express delivery, it is called "express delivery and other postal services". This is actually confusing the express delivery business with the general postal business, leaving a hidden danger for the postal monopoly express delivery business in the future.
Second, the industry management system is not smooth, and the subject of supervision needs to be clarified.
In 1980s, China's international express delivery industry adopted the industry management mode led by the Ministry of Foreign Trade. As early as 1979, the international express delivery industry was incorporated into the foreign trade management system as soon as it landed in China. Subsequently, the Ministry of Foreign Trade authorized Sinotrans to operate international express delivery business. Therefore, the international express delivery business has always been mainly under the responsibility of the Ministry of Commerce (and its predecessor, the Ministry of Foreign Trade and Economic Cooperation), not under the jurisdiction of the post office, which is the main competitor of the express delivery business market rather than the regulator. The EMS established by the State Post Bureau was also approved by MOFTEC 1986. When EMS enters the market, it means that it has become a competitor with other express delivery companies.
In 1990s, the management of express delivery industry was in a multi-head management situation. The understanding of the express delivery industry has been controversial since 1980, and the dispute over the management authority of the express delivery industry began to escalate in 1990. 1995 According to the Regulations on the Administration of International Freight Forwarding Industry approved by the State Council, all enterprises that engage in international express delivery business with the approval of the Ministry of Foreign Trade and Economic Cooperation and register with the State Administration for Industry and Commerce have the legal right to operate. Since then, the Ministry of Posts and Telecommunications has issued regulations to further rectify the order of the postal communication market and resolutely stop the illegal business of delivering letters and other articles with the nature of letters. The Ministry of Foreign Trade and Economic Cooperation and the Ministry of Posts and Telecommunications hold their own words, arguing endlessly about the legality and jurisdiction of express delivery. At present, international express delivery is mainly managed by MOFTEC, while domestic express delivery is mainly managed by postal departments.
An important feature of express delivery business is to provide door-to-door service, mainly relying on high-speed transportation. Therefore, it can also be said that express delivery service is an extension of transportation service, which has the nature of value-added service and is a competitive business. However, the current transportation management system in China is managed by the Ministry of Communications, the Civil Aviation Administration and the Ministry of Railways according to the mode of transportation. Among them, according to the Aviation Law, the Civil Aviation Administration of China promulgated the "Regulations on the Administration of Civil Aviation Express Industry in China" on 1998, which implemented the industry management of air express business and issued business licenses. Since then, several carriages have been neck and neck, and the industry has been managed by many heads. Express delivery management also involves the administration of industry and commerce, customs, public security and other departments, and there are many government branches, which cross and contradict each other. There are many laws and regulations related to express delivery, and the system, coordination and standardization are poor, which leads to both monopoly and disorderly competition in the market and restricts the healthy development of the express delivery industry.
In 200 1 year, the dual management mode of express delivery industry was formed after "9. 1 1". After the "9. 1 1" terrorist incident and the "anthrax letter incident" in the United States, in order to prevent similar letter problems in China, at the end of May 2006, the General Office of the State Council issued an urgent notice on strengthening the management of delivery services such as printed letters and preventing the spread of anthrax. According to the circular, any international freight forwarding enterprise that is approved by MOFTEC to engage in international express delivery business and needs to handle inbound and outbound letters and articles with the nature of letters should go through the entrustment formalities with the postal department, and the post office will become one of the administrative departments in charge of the international express delivery industry. This has caused contradictions and problems in the supervision of the international express delivery industry. After several times of coordination, the dual management system of the Ministry of Foreign Trade and Economic Cooperation in charge of business and the State Post Bureau entrusted to manage security has basically been formed. Until now, the express delivery industry still generally believes that the Ministry of Commerce is the competent government department.
Third, market management emphasizes administrative means, and postal law enforcement is not standardized.
1. At present, there is no unified management method for express delivery market in China, and the main body of administrative law enforcement in express delivery industry is postal service. Postal law enforcement mainly acts according to law, which violates the normal postal work order. Acts that disrupt the postal market should be punished. Law enforcement is based on the Postal Law, the Detailed Rules for the Implementation of the Postal Law, the Criminal Law of People's Republic of China (PRC), the Measures for Supervision and Inspection of the Postal Industry of the Ministry of Posts and Telecommunications (for Trial Implementation) and the Provisions of the General Office of the State Council on the Internal Structure and Staffing of the State Post Bureau. At the same time, in some local management regulations issued by provinces and cities, the postal service has been given certain investigation rights. Generally speaking, the above-mentioned laws and regulations on which postal law enforcement is based have only some prohibitive provisions, and the punishment power of postal departments is not clearly defined when dealing with illegal acts. To this end, postal services are often combined with industry and commerce, public security, price, security and other departments to comprehensively enforce the law. Postal law enforcement has played a positive role in protecting postal monopoly and ensuring the implementation of postal law. However, the phenomenon of irregular law enforcement is also very serious. We visited more than 10 enterprises in different regions, and they reflected some problems existing in postal law enforcement, mainly: the postal law enforcement team is not perfect, the level of law enforcement personnel is uneven, the administrative power is abused in law enforcement, and the law enforcement is ultra vires. For example, the courier vehicle was seized, the user's business documents and parcels were arbitrarily dismantled, and even the courier was beaten. Some local bureaus link the amount of fines with wages and bonuses, and require courier companies to pay fines similar to protection fees. Some local bureaus contract postal express delivery to individuals and rent postal express delivery vehicles to others for use, which further intensifies irregular operation and unfair competition.
The postal department is still a referee and an athlete. Administrative power can be widely infiltrated into the commercial field, and can be used to set up market barriers, crowd out competitors, eliminate competition mechanism and expand the scope of monopoly. The supervision of postal enterprises within the system is difficult to be effectively implemented because of the same interests; The supervision of non-postal enterprises outside the system is difficult to be carried out fairly because of the competitive relationship in interests.
Fourth, the main policies of the market are treated differently, and the express delivery market is not unified.
1. State-owned, private and foreign-funded enterprises enjoy different policy treatments. Postal Express (EMS) belongs to China Post. In the case of mixed operation of postal departments, EMS can enjoy the same national preferential policies as postal services by operating domestic and foreign express delivery services. Other state-owned express delivery companies rely on the Civil Aviation Administration and the Ministry of Railways respectively, and can also rely on the competent authorities to win some preferential policies. According to the State Council regulations and China's WTO commitments, the four major international express delivery companies can operate their international business normally. Private express delivery companies basically have no preferential policies, do not enjoy equal national treatment, and even have no guarantee of legal management rights.
2. The express delivery market is artificially divided, and the domestic and international markets are not unified. In recent ten years, as a new service industry, China's express delivery industry has become an important part of China's modern logistics industry, opening up the field of service trade and invigorating the domestic economy. Economic globalization, the strengthening of national economic exchanges and the unification of domestic and foreign trade objectively require the formation of a unified and open express delivery market. The growth of international express delivery business inevitably requires domestic express delivery business to match it. However, at present, China's unified opening up of the express delivery market has not yet formed a * * * knowledge.
3. The direction of express delivery policies and regulations is unknown, and the enterprise market environment is uncertain. The decision-making and operation of express delivery enterprises are greatly influenced by changes in the policy environment. However, at present, the relevant policy environment of express delivery industry is not clear, and the status of the industry is still uncertain, which has become the biggest confusion for the further development of non-mail express delivery enterprises. In the United States, the scope of express delivery business can be determined according to the standards stipulated by private express written law, but the relevant laws and regulations in China are not clearly defined.
Five, the industry competition is disorderly, lack of self-discipline organization.
1. The policies and regulations of the express delivery market are not perfect and the industry management system is not smooth, which leads to the failure to form the normal order of the express delivery market. With the increase of entrants at different levels, the number of express delivery enterprises has increased sharply, the industry competition has become more and more fierce, and disorderly competition has begun to appear. Generally speaking, international express delivery companies and state-owned enterprises are large in scale, with high market share and relatively standardized behavior. Among private enterprises, a number of large and medium-sized excellent express delivery enterprises such as SF, Shentong and ZJS are thriving, but the number is still small. Most private express delivery companies are "small, scattered and weak". The initial capital investment of express delivery enterprises is small, and private express delivery enterprises are often small in scale, large in quantity and weak in competitiveness. Individual enterprises do have the phenomenon of "low, chaotic and poor". The management level and technical level are low, the quality of employees is low, enterprises operate without a license or illegally, and the service quality is poor, which infringes on consumers' rights and interests. These negative phenomena have affected the overall image of private express delivery enterprises and even the entire express delivery industry, leading to the judgment of chaotic market order in the express delivery industry. Therefore, it is imperative to improve relevant laws and regulations and standardize the order of the express delivery market.