In recent years, with the rapid development of China's delivery industry, the use of delivery channels to carry out illegal crimes such as drug trafficking has shown a sharp upward trend. The procuratorial organs conducted in-depth research and analysis on the crime of sending contraband, and after deliberation and decision by the Supreme Procuratorial Committee, issued the "No. 7 Procuratorial Recommendation" to the State Post Bureau on October 20, 2021, and at the same time sent a copy to 12 relevant departments such as the Ministry of Transport and the Ministry of Commerce, to promote the strengthening of safety supervision, plug management loopholes, and promote the healthy and sustainable development of the delivery industry. The main information is introduced as follows:
General Secretary Xi Jinping attaches great importance to the safety of delivery, and has repeatedly stressed the need to strengthen the safety management of delivery channels, strengthen the construction of express delivery teams, and be the creator and guardian of a better life. In recent years, in accordance with the arrangements and requirements of the CPC Central Committee and the State Council, postal administration departments have continuously improved rules and regulations, improved the supervision mechanism, and promoted the high-quality development of the postal industry, so that China has formed the fastest growing and most dynamic delivery market in the world, effectively promoting economic and social development and facilitating the people's lives. Especially during the prevention and control of the new crown pneumonia epidemic, the postal industry has made every effort to ensure the delivery of epidemic prevention materials and basic living materials for the masses, which has won high praise from all walks of life.
With the rapid development of the postal industry, the difficulty of safe prevention and control of delivery is also increasing, and the use of delivery channels to carry out illegal and criminal activities such as drug trafficking, trading (transporting) guns, ammunition, explosives, and wild animals and their products is high and frequent. Through investigation and investigation, the Supreme People's Procuratorate learned about the crimes of sending and delivering drugs, violent terrorist audio and video, firearms and explosives, wild animals and their products in various places, collected a number of typical cases, and went to Jiangsu, Anhui and other places to conduct field research, and also learned about the situation from the State Narcotics Control Office and other relevant departments. During this period, the Supreme People's Procuratorate successively guided five provincial-level procuratorates in Jiangsu, Zhejiang, Inner Mongolia, Sichuan, and Guangxi to formulate and issue procuratorial suggestions to the provincial postal administration departments on issues such as sending and delivering drugs. In recent years, procuratorial organs at all levels across the country have formulated and issued 122 similar procuratorial suggestions, which have played an important role in promoting the strengthening of delivery safety supervision, and also reflect some rectification and reform is not in place, implementation is difficult, and needs to be solved from a higher level.
To this end, the Supreme People's Procuratorate conducted a comprehensive investigation and analysis of the situation related to the crime of sending contraband and the problems existing in the safety supervision of delivery, studied and drafted the draft procuratorial recommendations, and visited the State Post Bureau to listen to opinions. On September 9, 2021, the 74th meeting of the 13th Procuratorial Committee of the Supreme People's Procuratorate deliberated and approved the procuratorial recommendation on the issue of sending and delivering contraband. This is also the seventh procuratorial recommendation formulated and issued by the Supreme People's Procuratorate.
The formulation and issuance of the "No. 7 Procuratorial Recommendation" is the requirement of comprehensively implementing Xi Jinping's rule of law thinking, thoroughly implementing the spirit of General Secretary Xi Jinping's important instructions and the "Opinions of the CPC Central Committee on Strengthening the Legal Supervision of Procuratorial Organs in the New Era". Procuratorial organs shoulder important political responsibilities and legal responsibilities in promoting the modernization of the national governance system and governance capabilities, and must actively extend the effect of judicial case handling while handling various types of cases in accordance with the law with a high degree of political consciousness, rule of law consciousness, and procuratorial consciousness. The formulation and issuance of the "No. 7 Procuratorial Recommendation" is of great significance for promoting the governance of delivery security issues, safeguarding national security, social stability and public interests, and promoting the construction of a higher level of safe China and a rule of law China.
The content of the "No. 7 Procuratorial Recommendation" mainly includes two parts: problems in the safety supervision of delivery and delivery, and suggestions for strengthening safety supervision.
The procuratorial recommendation mainly points out the following issues:
First, the delivery safety supervision does not match the development situation of the industry. The delivery industry is related to national security, social stability and the safety of people's lives and property, and it is of great significance to strengthen safety supervision. In recent years, the use of "network + delivery" by lawbreakers to carry out illegal and criminal activities has risen sharply, but the supervision of the delivery industry involves multiple management departments, the postal management force is weak, the overall coordination mechanism is not perfect, and safety issues have become a short board restricting the healthy development of the industry.
Second, there is a regulatory blind spot in the new format of delivery. In recent years, new formats such as same-city direct delivery, crowdsourcing distribution and intelligent express delivery cabinets have emerged, but there is no implementation of real-name receiving and sending, receiving and sending inspection, passing through the machine security inspection and other systems. At the same time, the digitization and networking of logistics delivery and cross-border delivery are becoming increasingly complex, and some bulk cargo consignment industries are also engaged in delivery business, and the main body of safety supervision responsibilities is unclear.
Third, the supervision of delivery safety needs to be strengthened urgently. At present, there are not many measures for the prevention of safety supervision and delivery, the ability to use information means to supervise is insufficient, and it is difficult to implement normalized and effective supervision. Postal administration departments do not cooperate enough with public security and judicial organs, and it is not timely to investigate and rectify the case, and it does not effectively check for hidden risks and plug management loopholes.
Fourth, the implementation of the delivery security system is not in place. Some delivery companies often pay more attention to the linkage between performance and business volume, light system supervision and implementation, in order to reduce the cost of illegal solicitation of customer resources, and even vicious competition, real-name receiving and sending, receiving and sending inspection, passing through the machine security inspection and other systems in the implementation of the form.
Fifth, the safety awareness and response ability of delivery practitioners are insufficient. A considerable number of practitioners have weak legal awareness, safety awareness and responsibility awareness, and their awareness and ability to prevent illegal and criminal delivery need to be improved. The enthusiasm of practitioners to participate in the safety supervision of delivery is not high, and some even use work convenience to participate in the crime of sending contraband.
The procuratorial recommendation mainly puts forward the following recommendations:
The first is to establish the concept of safe development and coordinate the development and security of the postal industry. It is recommended to comprehensively and deeply investigate the problems existing in the safety supervision of delivery, and study and formulate policies and measures to strengthen the safety supervision of the delivery industry in the new era. Actively seek the support of relevant departments, and enrich the supervision force through the purchase of social services and other means. Cooperate with relevant functional departments to improve institutional mechanisms, strive to straighten out and solve the problem of difficulties in the overall supervision of delivery, and ensure that the safety supervision of delivery is compatible with the development of the industry.
The second is to clarify the scope of responsibilities and strengthen the supervision of new formats of delivery. It is recommended that for new delivery formats such as same-city direct delivery, crowdsourced distribution and intelligent express delivery cabinets, as well as problems such as bulk cargo consignment industry engaged in delivery business, the relevant departments of the business should issue corresponding management regulations, improve industry norms, and eliminate regulatory blind spots. For new situations and new problems in the field of safety supervision such as e-commerce platforms, logistics platforms, and cross-border delivery, the relevant departments of the business departments should study the list of responsibilities and clarify the responsibilities of regulatory entities.
The third is to increase supervision and effectively strengthen the safety supervision of delivery. It is recommended to improve the all-round supervision system that combines daily supervision, industry self-discipline, credit punishment, and administrative punishment in the delivery industry, and enhance the effectiveness of supervision. Increase the intensity of routine inspections and special inspections, and achieve normalized supervision through methods such as regular and irregular inspections, spot checks, or overt inspections and covert visits. Promote the construction of a safety supervision information platform for the delivery industry, and use big data to develop a delivery analysis system that integrates information collection, supervision, inspection, early warning, and traceability. Complete mechanisms for linking administrative law enforcement and criminal justice, strengthen mechanisms for linking and coordinating with procuratorial public interest litigation, promptly transfer leads on contraband cases, and make administrative handling of cases involving sending enterprises that are reported by public security and judicial organs, and urge relevant enterprises to make comprehensive rectifications.
The fourth is to improve the supervision mechanism and consolidate the main responsibility of the delivery enterprise. It is recommended to improve the access mechanism of the delivery industry, increase the hardware and software requirements for the access of delivery enterprises and related business outlets, and realize the standardization and standardization of enterprise business premises, inspection equipment and management systems. Refine the operational specifications of the "three systems" of real-name receiving and sending, receiving and sending inspections, and passing through machine security inspections, promote experience and practices such as inspection marks, face recognition, two-dimensional code scanning, delivery systems and identity information binding, and promote the implementation of real-name acceptance and mailing and acceptance and inspection systems. Urge delivery enterprises to increase investment in the inspection and security inspection of goods, and gradually equip safety inspection equipment and professional inspectors with a high degree of intelligence and easy to carry. Complete industry creditworthiness systems and exit mechanisms, and include the circumstances of cases involving sending enterprises in the credit system. Improve industry organizations, guide fair competition and orderly development of the delivery industry, and protect the legitimate rights and interests of employees.
The fifth is to strengthen training and publicity, and improve the safety prevention and response ability of employees. It is recommended to improve the evaluation mechanism for practitioners and appropriately raise the entry threshold for key positions. Improve the training system for practitioners, inviting public security and judicial organ staff to carry out special training on the prevention and handling of illegal and criminal acts of mailing. Actively carry out publicity on the prevention of the delivery of contraband, post and broadcast publicity materials in business premises such as delivery outlets, and make full use of social media such as radio, television, and the Internet to carry out publicity and education.
In the next step, the procuratorial organs will actively support and cooperate with the State Post Bureau and other relevant departments to do relevant work, grasp the implementation of the "No. 7 Procuratorial Recommendation", effectively promote the governance of delivery safety issues, and promote the high-quality development of the postal industry in the new era! (Source: Supreme People's Procuratorate)