我国快递行业法治化管理研究——基于对《快递暂行条例》的分析

Research on Legal Management of Express Delivery Industry in China--Based on the Analysis on the Provisional Regulations for Express Delivery

2018年3月27日,国务院颁布《快递暂行条例》,这是快递行业的首部行政法规,它将促进快递行业在法治轨道上整体提质升级。在当前我国的立法位阶上,《快递暂行条例》尽管低于1986年通过的《中华人民共和国邮政法》,而且未上升到人大立法的阶段,但是,《快递暂行条例》在立法的实践层面,其意义是深远的。一是填补了法制建设空白;二是规制了行业乱象;三是引导行业的健康有序发展。当然,《快递暂行条例》刚刚颁布,能否在短期内实现快递行业的法治化,仍然有待社会实践的检验、理论的解读乃至理论的评判,以促使其更加完善。

On March 27 th, 2018, the State Council promulgated the Provisional Regulations for Express Delivery. This is the first administrative regulation of the express delivery industry which will promote the overall upgrading of the express delivery industry on the track of the rule of law. At the current level of China＇s legislation, although the Provisional Provisions for Express Delivery has not risen to the stage of the People＇s Congress legislation, and it is also lower than the Postal Law of the People＇s Republic of China（passed in 1986）, its significance is far-reaching in the practice of legislation. Above all, it has filled the blank of legal construction. Besides, it has regulated the chaos in the industry. Moreover, it guides the healthy and ordered development of the industry. Of course, the Express Provisional Regulations has just been promulgated. Whether or not the legalization of the express delivery industry can be achieved in a short term still remains to be tested in social practice. The interpretation of theory, and even theoretical judgments are needed to promote its improvement.