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銅仁翻譯公司關鍵字：Dong Zhang has been holding the hands of a copy of a report, the report said July 6, 2002, the State Council Office of the State No. 4 in the form of text, the State Post Bureau on the "Republic of China International Freight Forwarding Industry regulations "in Article 17 of the" private letter "to define a response, the" private correspondence "is defined as" all kinds of documents, notifications and non-private property documents, certificates, securities, manuscripts, printed matter other than letters. " .
Dong Zhang believes that the force of law on the point of view, the State Department replied to part of the executive regulations, 25 documents are normative documents within the department, the former effect was significantly higher than the latter. Reply that the definition of private letters, on Haida culture seized by Ningbo Industrial and Commercial Bureau of the file, does not belong to the list of Chinese postal monopoly.
In addition, the document clearly states that only 472 private letters and county government, and military departments above the county level file is a postal franchise areas. "Rules for the Implementation of the Postal Law," Chapter 4, Article 24 also states: The basic postal services postal tariff is exclusive of the ordinary domestic letters, postcards of the tariff; non-basic tariff is the basic tariff rates than the postal service. The basic rates of postal services by the State Council department in charge of prices, the State Council for approval; non-basic rates by the Ministry of Posts and Telecommunications.
May seem very simple: Since the EMS (Express Mail Service) is the price established by the Post Office itself, it should belong to the non-basic charges. In other words, are not part of the postal delivery service franchise areas
Private freight forwarding for equalThe problem is that after the introduction of the State Department reply, why Ningbo Municipal Intermediate People's Court will still be the Ministry of Posts and Telecommunications 25 documents as a legal basis?
In his ruling, the Ningbo Intermediate People's Court found, first, the State Council Document No. 472 reply and international freight forwarding companies are directed, does not apply to the Haida culture and other domestic private freight forwarding business; second, Ningbo Haida culture on the business of punishment in First, the State Department replied to the post, is not traceable.
In this regard, Dong Zhang holds a different opinion. In his view, from a legal point of view, of a specific legal definition of the term in different laws and regulations is not the existence of two or more kinds of interpretation. State Council Document No. 472 replies and, if applicable, the international freight forwarding, domestic freight will be applicable to.
Even according to "Rules" Article 63, the Ministry of Posts and Telecommunications to develop according to the rules related regulations, the Ministry of Posts and Telecommunications has issued laws and regulations of the department document the effect, but its effectiveness is still lower than the part of the executive regulations of the State Council, reply.
"Since it is administrative regulations, is a legal definition, legal definition in law and should be uniform." Dong Zhang said.
In addition, according to legal principles "from the old, the new" principle, the State Department replied to traceability problems are solved.
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