跨境电子商务中直邮入境检验监管问题探讨

Discussion on the Inspection Regulation of Straight Mail Entry in Cross-border E-commerce

当前,越来越多的国内消费者通过网络在海外购买商品后直接邮寄入境,更有国内零售商为逃避检验检疫监管以此形式作为进货渠道,这些商品多为食品、化妆品、妇婴用品、小家电等,涉及安全卫生环保风险。目前检验检疫法律法规仅对进出境邮寄物的检疫做出规制,而对其品质检验与入境验证缺少相应规定,寄收件人也常用"自用非贸易物品免于检验"为理由逃避检验。本文即从分析跨境电子商务常见模式入手,讨论现行商品检验法规对进境邮寄物的适用问题,分析商检法实施条例第六条滥用的不良后果,就建立健全直"邮"入境模式的跨境电子商务检验监管的立法提出建议。

At present, more and more domestic consumers buy goods abroad through the network and directly mail them into domestic. And there are many domestic retailers take this form as the supply channels to avoid inspection and quarantine supervision. These goods are mainly about food, cosmetic, penetration supplies, household appliances, they are related to the safety and health and environmental risks. The inspection and quarantine laws and regulations only make regulations on the inspection and quarantine of inbound and outbound mail content. And the corresponding regulation on quality inspection and the entry verification is lack. The senders and recipients commonly use ＂self-used non-traded goods can exempt from inspection＂ to avoid inspection. Based on analyzing the common pattern of cross-border e- commerce, this paper discusses the application problems of commodity inspection regulations for inbound parcel, analyzes the adverse consequences of abusing the article 6 of the enforcement regulations of commodity inspection law and puts forward the suggestions of establishing and perfecting the legislation of cross-border e-commerce inspection regulation of the straight ＂mail＂ entry mode.