Prompt! The main target groups of the express ecosystem: (investors, private equity funds, brokerage institutions, local government decision-makers, express regulatory departments, express operators, media practitioners, express upstream and downstream operators, franchise network owners, express logistics practitioners with an annual salary of more than 300,000 yuan)
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|Comprehensive People's Court Reporting Information
| Express Ecosystem Investment Group
The express station facilitates everyone's life,
However, the express delivery to the post station is rarely accepted by the consumer in person.
If you pick up the temporary courier at the station,
Finding the package empty,
What to do?
Recently, the Beijing Internet Court heard a case of "empty bag" of online shopping for high-end watches at express stations.
The plaintiff purchased a high-end watch worth 8,888 yuan from an online store operated by defendant No. 1, and after receiving the goods, he believed that the watch had quality problems, and sent it back to the manufacturer for repair after negotiation with defendant No. 1.
The manufacturer found that there was no quality problem, and sent the watch involved in the case back to the plaintiff through a courier company of the defendant two, and the delivery location agreed by the two parties was the plaintiff's home.
When the defendant 2 courier company delivered the express delivery, it directly placed the express at a certain express station and did not contact the plaintiff.
After the plaintiff retrieved the courier, he found that there was no watch inside, but the delivery label showed that "the contents were: the watch has been inspected".
The picture shows a photo of the empty package after the watch express is unpacked.
The plaintiff and the seller and the defendant 1 reported the problem of empty package, and the defendant replied that it had completed the delivery and did not bear the seller's responsibility, and the loss of the goods should be compensated by the carrier.
The plaintiff then complained to the defendant 2 and a courier company, but the defendant 2 did not give a satisfactory answer.
The plaintiff filed a lawsuit with the court, demanding that the seller and defendant 1 deliver the watch involved in the case to the seller, and that the defendant 2, a courier company, and the defendant 3 online shopping platform involved in the case bear joint and several liability.
After trial, the court held that the principle of good faith should be followed by the civil entity engaged in civil activities, and the seller should deliver the subject matter in accordance with the agreed place.
In this case, the seller of Defendant No. 1 claimed that the manufacturer of the goods involved in the case had been sent back to the address determined by the plaintiff through a courier company of the Defendant No. 2, and the express delivery list in question showed that "the contents were: the watch has been inspected", which can indicate that the manufacturer claimed by the defendant No. 1 had sent the goods in question.
As the carrier, the defendant 2 express company is the performance assistant of the defendant 1 seller, and has the obligation to deliver the goods involved in the case to the consignee in good condition according to the shipper's instructions. Enterprises engaged in express delivery business shall deliver the express mail to the agreed address, the recipient or the recipient's designated consignee, and inform the recipient or the consignee to accept it in person. The recipient or the consignee has the right to accept the goods in person.
Defendant 2, a courier company, deposited the express mail at a courier station without the consent of the plaintiff, and the plaintiff could refuse to pick up the express mail and inform the defendant 1 in a timely manner.
The plaintiff picked up the express mail, which did not mean that the plaintiff indicated that it agreed to deposit the express mail in a certain express station as a means of delivering the express mail, and the express company did not deliver the express mail in person and asked the plaintiff to sign after confirming that the goods were in good condition, nor did it deliver the express mail to the agreed recipient address and recipient.
Because the defendant 2 express delivery company was the performance assistant of the defendant 1 seller, its delivery behavior did not meet the requirements of "the seller should deliver the subject matter at the agreed place", and there was a breach of contract. Therefore, the defendant and the seller constituted a breach of contract and should bear the liability for breach of contract to the plaintiff.
The law stipulates that if one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses. In this case, the defendant seller needs to continue to perform the obligation to deliver the goods involved in the case to the plaintiff, and if it fails to deliver, it needs to refund the corresponding payment.
The court held that the defendant No. 2 express company, as the carrier of the express delivery involved in the case, did not have a sales contract relationship with the plaintiff as the consignee, and the plaintiff had no right to demand that it bear the liability for compensation; After the defendant seller has fulfilled its obligations to the plaintiff, if it is involved in a dispute over the transportation contract, it may make a separate claim; The defendant 3 online shopping platform was not at fault in the case and should not be held liable.
The court ordered the seller of Defendant 1 to deliver the goods involved in the case to the Plaintiff (if there is any freight, the Defendant 1 shall bear it; If it cannot be delivered, it is necessary to return the payment of 8,888 yuan to the plaintiff), and reject the plaintiff's other claims. At present, the judgment in the case has entered into force.
Express ecosystem
It has been settled on the following platforms
Snowball | Straight flush | Oriental Fortune | Futu |
Weibo | Today's headlines | Zhihu | Tencent
Tik Tok | Xiaohongshu|Kuaishou|Video number|Himalayas
Twitter|ins|YouTube|Station B
Recently, the stock market continues to fluctuate, some criminals illegally make profits, harming the legitimate rights and interests of investors, I will increase the supervision of trading behavior, enrich the means of clue screening, make overall arrangements for special verification, strengthen the "penetrating" transaction monitoring, use multi-dimensional technical means to collect market intelligence, and carry out joint research and judgment with the Ministry of Public Security, and find a number of cases suspected of manipulating the market and malicious shorting.
An illegal gang controlled more than 100 securities accounts to manipulate a certain stock, used continuous pulling, reverse trading and other methods to affect the stock price, and then waited for the opportunity to clear the stock and smash the shipment, resulting in a flash crash and continuous decline in the price of individual stocks, with a total of 2.7 billion yuan sold and an illegal profit of about 130 million yuan.
The actual controller of an investment institution manipulated the prices of more than 20 stocks by suppressing stock prices, absorbing chips at a low level, and continuously pulling up, resulting in rapid fluctuations in the prices of individual stocks, and even extreme markets such as "sky flooring" within a day, from which the transaction illegally profited 140 million yuan.
A certain lawbreaker took advantage of his capital advantage and used hundreds of millions of yuan to frequently make false declarations for many futures products on the futures exchange, creating a false impression of trading, deceiving other investors, and taking the opportunity to sell them for a profit of more than 4,000 yuan.
The China Securities Regulatory Commission (CSRC) insists on responding quickly and resolutely investigating and dealing with illegal acts that affect the stable operation of the stock market and harm the legitimate rights and interests of investors.
Manipulating the market to maliciously short-sell, seriously eroding the people's "money bags", has stood on the opposite side of all stockholders, disrupting the normal rhythm of the healthy and stable operation of the stock market. The China Securities Regulatory Commission will maintain a high-pressure posture of "zero tolerance", resolutely crack down, and let those who dare to illegally manipulate and maliciously short sellers "go bankrupt and sit in prison". In this warning, don't defy the law and take the chestnut from the fire.
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Prompt! The main target groups of the express ecosystem: (investors, private equity funds, brokerage institutions, decision-makers of local governments, express regulatory departments, express logistics operators, media practitioners, upstream and downstream operators of express logistics, owners of franchised outlets, express logistics practitioners with an annual salary of more than 300,000 yuan.
illustrate
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Before paying attention to or studying Chinese and foreign express logistics companies and retail, commercial circulation and other enterprises, take a look at the "express ecosystem" to avoid detours...
![83-year-old Chen Lihua's recent photos were exposed, her hands are white and slender not like an old man, and her 5 million watches are too eye-catching[fig]](data:image/gif;base64,R0lGODlhAQABAIAAAP///wAAACwAAAAAAQABAAACAkQBADs=)