China News Service, October 20 (Reporter Di Yingxuan) "A pregnant woman was approached by a courier to question her after canceling her order, which frightened her into threatening miscarriage. YTO apologized late at night" sparked heated discussion. Netizens are mainly concerned about: Does the courier's door-to-door "asking for an explanation" cross the legal boundary? When a pregnant woman, the elderly or a person living alone at home encounters this situation, what should they do and what should they not do first? If actual damages such as medical expenses, lost work time, psychological trauma, etc. are incurred as a result, what kind of compensation can be claimed? In addition to safeguarding rights on a case-by-case basis, can express delivery companies be reported to the postal management department for assessment rules such as "penalties for custody" and "fees will be deducted upon complaint" to promote changes at the system level? In this regard, Yue Yunsheng, director of Beijing Yue Cheng Law Firm, gave a professional interpretation.
From a legal point of view, the courier went directly to Ms. Liu's door, knocked on the door hurriedly and questioned her emotionally, which at least constituted an intrusion on Ms. Liu's peace of life and caused actual damage to threatened abortion. Article 1191 of the Civil Code of the People's Republic of China stipulates: If an employer's staff causes damage to others due to the performance of work tasks, the employer shall bear tort liability. After the employer assumes tort liability, it may seek compensation from the staff member who committed intentional or gross negligence. If there is a causal relationship between the courier's behavior and the damage result, the courier's courier company shall be liable for personal injury compensation. The scope of compensation includes reasonable medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospitalization meal subsidies, lost work expenses, etc.
If netizens are alone at home, especially pregnant women or the elderly, the first reaction when encountering this situation is not to open the door, maintain physical isolation, and talk through the door to avoid face-to-face contact and intensify conflicts; then they can record video and record the situation outside the door, the other party's words and emotional state with their mobile phones, and retain evidence for subsequent complaints or calling the police. If the other party still does not leave after communicating, you can report the situation to the community property management or call the police. If you suffer physical damage due to fright, you should seek medical treatment promptly and keep medical records.
Article 29 of the "Interim Regulations on Express Delivery" stipulates: Enterprises operating express delivery business shall implement information management of the entire express delivery process, publish contact information, ensure smooth communication with users, and provide users with services such as business consultation and express inquiry. If users are dissatisfied with the quality of express delivery services, they can complain to the express delivery business enterprise. The express delivery business enterprise shall handle the complaint and inform the user within 7 days from the date of receipt of the complaint. According to this regulation, express delivery companies should provide business consulting services to users and should not confuse normal business consulting with complaints from users who are dissatisfied. Users can call the postal industry complaint hotline 12305 or go through the State Post Bureau’s complaint website to complain that the assessment rules of the express delivery company have caused their normal consultation to be mistakenly judged as a complaint, which in turn has caused the problem of door-to-door harassment by couriers, which may trigger an investigation by industry regulatory authorities into whether the internal systems of express delivery companies are standardized.
Express delivery companies should also learn lessons from this incident, improve their internal management systems in strict accordance with regulatory regulations, distinguish between user inquiries and complaints, and avoid allowing this imperfect, "complaint upon entering the line" management system to damage the legitimate rights and interests of front-line couriers; develop a more scientific and humane evaluation system and internal appeals system for front-line couriers, and do not arbitrarily impose penalties.
