Is it appropriate to hand over all express delivery to the Blue Store without the consent of the recipient?

legal ground

Article 25 of the Provisional Regulations on Express Delivery

An enterprise engaged in express delivery business shall deliver the express mail to the agreed receiving address, the recipient or the agent designated by the recipient, and inform the recipient or agent to accept it face to face. The consignee or agent has the right to face-to-face acceptance.

Article 52 of the Electronic Commerce Law of the People's Republic of China

E-commerce parties can agree to deliver goods through express logistics.

Express logistics service providers shall abide by laws and administrative regulations and meet the promised service standards and time limit when providing express logistics services for e-commerce. The express logistics service provider shall prompt the consignee to inspect the goods face to face when delivering the goods; If it is handed over to others for collection, it shall be approved by the consignee.

Extended data:

Legal liability

Fortieth whoever engages in express delivery activities without obtaining the express delivery business license shall be punished by the postal administration department in accordance with the provisions of the Postal Law of People's Republic of China (PRC).

If an enterprise or its branch engaged in express delivery business commits one of the following acts, the postal administration department shall order it to make corrections and may impose a fine of 6,543.8+0,000 yuan; If the circumstances are serious, a fine of 6,543,800 yuan and 50,000 yuan shall be imposed, and it may be ordered to suspend business for rectification:

(a) the opening of express terminal outlets has not been filed with the local postal administration;

(2) Stop the express delivery business, fail to make an announcement to the public in advance 10, fail to inform the postal administration in writing and return the express delivery business license, or fail to properly handle undeliverable express mail according to law;

(3) Suspension of express delivery service due to force majeure or other special reasons, failure to report to the postal administration department in time and announce the reasons and time limit for suspension of service to the public, or failure to properly handle undelivered express mail according to law.

Forty-first two or more enterprises engaged in express delivery business use a unified trademark, shop name or express waybill to operate express delivery business, and fail to abide by the common service agreement and implement unified management in terms of service quality, safety and business process. , or fails to provide users with unified express tracking query and complaint handling services, the postal administration department shall order it to make corrections and impose a fine of 6.5438+0 million yuan but not more than 50,000 yuan; If the circumstances are serious, a fine ranging from 50,000 yuan to 654.38+10,000 yuan may be imposed, and it may be ordered to suspend business for rectification.

Article 42 Whoever impersonates, opens, conceals, destroys, resells or illegally inspects other people's express mail, which does not constitute a crime, shall be given administrative penalties for public security according to law.

If an enterprise engaged in express delivery business commits the acts specified in the preceding paragraph, or illegally detains express mail, the postal administration department shall order it to make corrections, confiscate its illegal income and impose a fine of not less than 50,000 yuan but not more than 65,438+10,000 yuan; If the circumstances are serious, a fine of 6.5438+10,000 yuan but not more than 200,000 yuan shall be imposed, and the company may be ordered to suspend business for rectification until its express business license is revoked.

Forty-third express delivery business enterprises in any of the following circumstances, by the postal administration department in accordance with the provisions of the "People's Republic of China (PRC) Postal Law" and "People's Republic of China (PRC) Anti-terrorism Law" to be punished:

(1) Failing to establish or implement the acceptance inspection system;

(two) in violation of laws, administrative regulations and the provisions of the relevant departments of the State Council Municipality on prohibiting or restricting the delivery of goods;

(3) Receiving and sending the express mail without checking the identity of the sender and registering the identity information, or still receiving and sending it after discovering that the identity information provided by the sender is false;

(4) Failing to conduct safety inspection on express mail in accordance with regulations.

If the sender carries prohibited items in the express mail, which does not constitute a crime, he shall be given administrative penalties for public security according to law.

Article 44 If an enterprise engaged in express delivery business commits any of the following acts, the postal administration department shall order it to make corrections, confiscate its illegal income, and impose a fine ranging from 6,543.8+0,000 yuan to 50,000 yuan; If the circumstances are serious, a fine of not less than 50,000 yuan but not more than 6,543.8+10,000 yuan shall be imposed, and it may be ordered to suspend business for rectification until its express business license is revoked:

(1) Failing to establish an express waybill and an electronic data management system in accordance with regulations;

(2) Failing to regularly destroy the express waybill;

(3) Selling, disclosing or illegally providing user information known in the course of express delivery service;

(4) Failing to take immediate remedial measures or report to the local postal administration under the circumstances that the user information is leaked or may be leaked.

Forty-fifth enterprises engaged in express delivery business and their employees who endanger national security in their business activities shall be investigated for legal responsibility according to law; For enterprises that operate express delivery business, the postal administration department shall revoke its express delivery business license.

Forty-sixth postal management departments and other relevant departments of the staff abuse their powers, neglect their duties, engage in malpractices for selfish ends in the supervision and management work, shall be punished according to law.

Forty-seventh in violation of the provisions of this Ordinance, which constitutes a crime, shall be investigated for criminal responsibility according to law; Those who cause personal, property or other damage shall be liable for compensation according to law.

References:

Baidu Encyclopedia-Electronic Commerce Law of the People's Republic of China, Baidu Encyclopedia-Provisional Regulations on Express Delivery