我国民营快递业市场监管法律制度研究
发布时间：2019-05-17 06:50
【摘要】：随着电子商务的快速崛起,民营快递业在我国得到前所未有的发展。2013年,中国快递业累计完成业务量92亿件,市场规模升至世界第二位,快递业已然成为国民经济的重要组成部分。这些快递企业为我们提供了高效、便捷的服务,丰富了我们的生活,推动了经济的发展。但由于行业多头监管、监管手段缺乏创新、行业立法空白、行业自律缺乏等问题,致使快递业在运行过程中出现了“快件延误”、“货物丢失”、违法经营等现象,这使得我国民营快递业始终无法发展壮大。在享受快递业便捷服务的同时,加强快递业市场监管的呼声越来越高。本文基于快递业市场监管现状的考察,结合国际快递业市场监管的先进经验,致力于寻找适合国内民营快递业市场监管的方式。本文除绪言和结语外,正文分为四部分:第一部分为整篇论文的基础,概述了民营快递业市场监管的一般理论。首先准确介绍快递的定义并结合国内状况将快递分为民营快递、外资快递、国有性质快递。其次论证了快递业市场监管的内涵和快递业市场监管的内容。最后说明快递业市场监管在提高快递业服务质量、保障民营快递业健康发展等方面的现实意义。第二部分论证了我国民营快递业市场监管的现行法律规定及其缺陷。总结其缺陷有以下几点:第一,立法方面存在立法层次低、缺乏专门系统的快递法律法规、法律规定原则性强不具有操作性;第二,监管组织体制方面存在监管主体不明确、行业自律监管缺乏;第三,市场准入方面存在行政许可条件模糊、行政机关自由裁量权偏大,事后监管缺乏;第四,运营监管方面存在运营监管措施不明确;第五,市场退出方面存在市场退出机制缺乏。第三部分介绍了快递业发展强大的美国和德国两个国家快递业市场监管的制度和经验,并参照国内现状,提出包括建立独立监管部门、降低快递市场准入标准、进行多元监管、缩小邮政专营权促进快递业充分竞争等建议,希望对我国民营快递业市场监管的完善起到作用。第四部分是本文的重点,本部分从完善法律、理顺监管体制、健全行政许可制度与市场退出机制、加强运营监管等几个方面提出了完善我国民营快递业市场监管的法律对策。包括以下几点:第一,建立统一的快递业法律法规体系,改变目前法律法规间冲突、重复,缺乏操作性等问题;第二,明确监管机构、健全监管程序,同时加强快递业行业自律监管;第三,从降低市场准入门槛,加强事中事后监管,提出具体的完善行政许可制度的对策;第四,通过建立快递业服务质量评价体系、快递业市场巡查制度和年检制度来加强快递业运营过程中的监管力度;第五,通过完善危机处置机制和危机企业处置方面的立法来健全民营快递业市场退出机制。
[Abstract]:With the rapid rise of electronic commerce, the private express industry has achieved unprecedented development in our country. In 2013, the Chinese express industry completed a total of 9.2 billion pieces of business, and the market size rose to the second place in the world. The express industry has become an important part of the national economy. These express enterprises provide us with efficient and convenient service, enrich our life and promote the development of economy. However, due to the problems of industry supervision, lack of innovation in regulatory means, blank industry legislation, lack of industry self-discipline, and so on, the express delivery industry has appeared "express delivery delay", "goods loss", illegal management and other phenomena in the course of operation. This makes the private express industry in our country can not develop and grow all the time. While enjoying the convenient service of the express industry, the voice of strengthening the market supervision of the express industry is getting higher and higher. Based on the investigation of the present situation of the market supervision of the express industry and the advanced experience of the market supervision of the international express industry, this paper is committed to finding a suitable way for the market supervision of the private express industry in China. In addition to preface and conclusion, the main body of this paper is divided into four parts: the first part is the basis of the whole paper, which summarizes the general theory of market supervision in private express industry. First of all, it accurately introduces the definition of express delivery and divides express delivery into private express delivery, foreign express delivery and state-owned express delivery according to the domestic situation. Secondly, it demonstrates the connotation of express industry market supervision and the content of express industry market supervision. Finally, it explains the practical significance of the market supervision of the express industry in improving the service quality of the express industry and ensuring the healthy development of the private express industry. The second part demonstrates the current legal provisions and defects of the market supervision of private express industry in China. Summing up its defects are as follows: first, there is a low level of legislation in legislation, the lack of special and systematic express delivery laws and regulations, the strong principle of the law is not operational; Second, there are unclear regulatory subjects and lack of self-regulatory supervision in the regulatory organization system. Third, there are vague administrative license conditions in market access, too much discretion of administrative organs, and lack of supervision after the event. Fourth, the operation supervision measures are not clear; fifth, there is a lack of market exit mechanism in the market exit. The third part introduces the market supervision system and experience of the express industry in the United States and Germany, and puts forward the establishment of independent regulatory departments, the reduction of express market access standards and diversified supervision according to the domestic situation. Some suggestions, such as reducing the postal franchise to promote the full competition of the express industry, hope to play a role in the improvement of the market supervision of the private express industry in China. The fourth part is the focus of this paper. This part puts forward the legal countermeasures to improve the market supervision of private express industry in China from several aspects, such as perfecting the law, straightening out the supervision system, perfecting the administrative license system and market withdrawal mechanism, strengthening the operation supervision and so on. Including the following points: first, to establish a unified system of laws and regulations in the express industry, to change the current conflicts between laws and regulations, repetition, lack of operation and other issues; Second, clear regulatory institutions, improve regulatory procedures, while strengthening the self-regulatory supervision of the express industry; third, from reducing the threshold of market access, strengthening supervision after the event, put forward specific countermeasures to improve the administrative licensing system; Fourth, through the establishment of courier industry service quality evaluation system, express industry market inspection system and annual inspection system to strengthen the supervision of the express industry in the process of operation; Fifth, through the improvement of crisis management mechanism and crisis enterprise disposal legislation to improve the private express industry market exit mechanism.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.296
[Abstract]:With the rapid rise of electronic commerce, the private express industry has achieved unprecedented development in our country. In 2013, the Chinese express industry completed a total of 9.2 billion pieces of business, and the market size rose to the second place in the world. The express industry has become an important part of the national economy. These express enterprises provide us with efficient and convenient service, enrich our life and promote the development of economy. However, due to the problems of industry supervision, lack of innovation in regulatory means, blank industry legislation, lack of industry self-discipline, and so on, the express delivery industry has appeared "express delivery delay", "goods loss", illegal management and other phenomena in the course of operation. This makes the private express industry in our country can not develop and grow all the time. While enjoying the convenient service of the express industry, the voice of strengthening the market supervision of the express industry is getting higher and higher. Based on the investigation of the present situation of the market supervision of the express industry and the advanced experience of the market supervision of the international express industry, this paper is committed to finding a suitable way for the market supervision of the private express industry in China. In addition to preface and conclusion, the main body of this paper is divided into four parts: the first part is the basis of the whole paper, which summarizes the general theory of market supervision in private express industry. First of all, it accurately introduces the definition of express delivery and divides express delivery into private express delivery, foreign express delivery and state-owned express delivery according to the domestic situation. Secondly, it demonstrates the connotation of express industry market supervision and the content of express industry market supervision. Finally, it explains the practical significance of the market supervision of the express industry in improving the service quality of the express industry and ensuring the healthy development of the private express industry. The second part demonstrates the current legal provisions and defects of the market supervision of private express industry in China. Summing up its defects are as follows: first, there is a low level of legislation in legislation, the lack of special and systematic express delivery laws and regulations, the strong principle of the law is not operational; Second, there are unclear regulatory subjects and lack of self-regulatory supervision in the regulatory organization system. Third, there are vague administrative license conditions in market access, too much discretion of administrative organs, and lack of supervision after the event. Fourth, the operation supervision measures are not clear; fifth, there is a lack of market exit mechanism in the market exit. The third part introduces the market supervision system and experience of the express industry in the United States and Germany, and puts forward the establishment of independent regulatory departments, the reduction of express market access standards and diversified supervision according to the domestic situation. Some suggestions, such as reducing the postal franchise to promote the full competition of the express industry, hope to play a role in the improvement of the market supervision of the private express industry in China. The fourth part is the focus of this paper. This part puts forward the legal countermeasures to improve the market supervision of private express industry in China from several aspects, such as perfecting the law, straightening out the supervision system, perfecting the administrative license system and market withdrawal mechanism, strengthening the operation supervision and so on. Including the following points: first, to establish a unified system of laws and regulations in the express industry, to change the current conflicts between laws and regulations, repetition, lack of operation and other issues; Second, clear regulatory institutions, improve regulatory procedures, while strengthening the self-regulatory supervision of the express industry; third, from reducing the threshold of market access, strengthening supervision after the event, put forward specific countermeasures to improve the administrative licensing system; Fourth, through the establishment of courier industry service quality evaluation system, express industry market inspection system and annual inspection system to strengthen the supervision of the express industry in the process of operation; Fifth, through the improvement of crisis management mechanism and crisis enterprise disposal legislation to improve the private express industry market exit mechanism.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.296
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