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)
Before adding an Official Account, please read the prompts to see if you belong to the target group
Comprehensive Guangzhou Daily information
| Express Ecosystem Information Group
On a cold winter night, a courier suddenly fainted next to the delivery locker and never woke up, leaving behind a pair of elderly parents and three young children...... How to protect the rights and interests of workers in the new industry? It has become a hot issue of social concern in recent years.
In the above case, the family of the deceased courier and the related company had a dispute over compensation and refused to give in to each other. At the critical moment, after the intervention of the Fengyang Judicial Office of the Haizhu District Judicial Bureau of Guangzhou City, it helped the courier's family to obtain more than one million yuan in compensation in just 5 days, and resolved the contradictions and disputes at the grassroots level in a timely manner.
On July 4, Guangzhou held a conference on adhering to and developing the "Fengqiao Experience" in the new era, and announced the list of advanced models of Guangzhou City's adherence to and development of the "Fengqiao Experience" in the new era, and Fengyang Judicial Office was among them.
The "nine-step mediation method" is highly effective in determining points and ending disputes
At about 20 o'clock on November 15, 2023, Liang, a courier of a well-known express delivery brand, suddenly fainted when sorting out express mail next to the express cabinet, and died after being sent to the hospital for rescue. After the incident, Liang's family filed a claim for compensation with a freight forwarding company of the employer, but the other party said that it was unable to pay, and the express brand also believed that the regional express delivery business had been contracted to a freight forwarding company, and the relevant employment risks had nothing to do with it and would not pay any fees.
Seeing that the communication between the two sides was fruitless, thanks to the "joint division and police" mechanism, after ruling out the possibility of a criminal case, the police immediately notified the Fengyang Judicial Office to intervene in mediation, guiding all parties to understand each other and resolve the dispute as soon as possible.
"I am Ma Shengjiao, the mediator, and my office phone number is 858......" At the mediation site, Ma Shengjiao, director of the Fengyang Judicial Office, first adopted the "Bright Identity Method" to inform both parties of their names and office phone numbers to enhance the trust of the other party. Next, the parties were invited to explain the ins and outs of the matter, and dig out the truth of the facts, aiming to lay a solid factual foundation for the subsequent mediation.
Ma Shengjiao recalled that the focus of the dispute in this case was that Liang did not sign a labor contract with the freight forwarding company, and the premise of determining that it was a work-related injury was the establishment of a labor relationship, and a freight forwarding company did not help Liang pay social security, and there was also a dispute over who should bear the relevant work-related injury insurance benefits. Moreover, a freight forwarding company is in a state of serious loss, and its own compensation ability is insufficient, even if the subsequent family sue and win, there is also a problem of difficult enforcement. In addition, whether the express brand operator needs to be held liable is also a point of dispute.
"Throughout the mediation process, we made a key breakthrough through the 'open law law'." Talking about the secret of the success of the mediation in this case, Ma Shengjiao introduced, "We gave legal opinions based on facts and the law as the yardstick. "In accordance with the provisions of the Labor Law of the People's Republic of China, the Labor Contract Law of the People's Republic of China, the Regulations on Work-related Injury Insurance, and the Notice on Matters Concerning the Establishment of Labor Relations, combined with the judgments of similar incidents, we make a suggestion that "there is an employment relationship between Liang and the freight forwarding company; If Liang dies of a sudden illness less than 3 hours after working hours and in the workplace, it should be regarded as a work-related injury, and his close relatives can enjoy relevant work-related injury insurance benefits in accordance with the law, and the relevant work-related injury insurance benefits should be borne by a freight forwarding company; The express brand may be liable for the damage to the rights and interests of the employee in accordance with the law. ”
In order to win the support of the express brand, the "multiple cohesion method" was used in the mediation process, and the Haizhu District Court, the District Procuratorate, the District Labor Dispute Arbitration Commission, the Street Comprehensive Management Center, the Street Comprehensive Law Enforcement Office and other departments explained the law and reasoned to enhance the credibility of the mediation.
After the family, freight forwarding company and express brand side have successively adopted the "separate grooming method", "layer by layer resolution method" and "decisive suggestion method", etc., and finally facilitated the two parties to reach a mediation agreement, the family was compensated 1.06 million yuan, and an express brand also promised to strengthen the guidance and supervision of the contractor, and give the freight forwarding company part of the subsidies and other support, the dispute was successfully resolved.
Build a mediation network covering the whole street to resolve conflicts and disputes at the "doorstep"
Every small case is related to people's livelihood, and small things are connected to the people's hearts. In this personal injury compensation dispute, mediation took only 5 days to nip the conflict in the bud. Behind the efficient resolution of disputes, it is inseparable from the "nine moves" to win and stop the dispute. According to Ma Shengjiao, the so-called nine specific mediation methods, namely the "Bright Identity Law", "Public Regulations and Case Law", "Layer by Layer Resolution Law", "Separate Attack Method", "Propaganda and Mediation Law", "Joint Mediation Law", "Decisive Suggestion Law", "Temporary Interruption Law" and "Special Method", by following the principle of "taking the facts as the basis and the law as the ruler", combined with the actual situation of the incident and the strength of the evidence, guide the parties to understand and give in to each other, go in the same direction, and reach an agreement as soon as possible with the help of the mediation organization. Resolve conflicts and disputes before litigation and resolve them in the bud.
On the basis of the "Nine Moves" to win the fixed points and stop disputes, the Fengyang Judicial Office gives full play to the role of the "139" mechanism to form the best method for resolving contradictions and disputes.
Among them, the "one network" is used to extend the capture signal, that is, through the "Guangzhou neighborhood", grid members, takeaway riders, party member volunteers, security guards and commercial entities in the area to capture the "signal" of the dispute around them in a timely manner, and the street "comprehensive management center + mediation center" mobilizes the mediation network composed of mediators in the jurisdiction and the area and 28 related mediation organizations to intervene in the conflict and dispute events in advance, follow up the dispute disposal in the whole process, and start mediation before the conflict intensifies.
The "three-step" intervention is to mediate the situation. According to different channels such as self-reports from the masses, reports from commercial buildings, and police signals, the community investigation committee, the police joint investigation room, and the traffic accident investigation committee will carry out "timely investigation"; With the help of lawyers and psychologists, we will propose a solution plan from a professional perspective, enhance the efficiency of mediation, and carry out "professional mediation"; If the parties believe that the expectations are not met, the street double center will coordinate with the public security, procuratorate, law department, human resources and social security and other departments to send personnel to participate, directly explain the law to the parties, carry out "multiple mediation", and realize targeted mediation of conflicts and disputes.
In order to gather the greatest strength to resolve conflicts and disputes, Fengyang Judicial Institute has also built a dispute resolution platform with online mediation, online judicial confirmation, and full audio and video recording, and has built 4 administrative mediation rooms, industry mediation rooms, professional mediation rooms, and individual mediation studios. It is worth mentioning that the Fengyang Judicial Institute has also established a docking mechanism with political and legal forces such as public security, courts, procuratorates, and the judiciary to achieve mutual assistance and sharing of resources. For example, two full-time senior mediators were stationed in the Fengyang Police Station and the Kangle East Community Police Office to carry out the "Division Police Joint Investigation", and built 2 Division Police Joint Investigation Studios, as well as 2 brand mediation studios, 21 community mediation committees, 1 traffic accident investigation committee, 1 administrative investigation committee, and 1 street mediation committee, a total of 28 mediation organizations, and built a mediation network covering the whole street, and was committed to resolving conflicts and disputes at the "doorstep".
It is reported that the Fengyang Judicial Institute has strengthened the overall command ability of the "Comprehensive Management Center + Mediation Center", and explored the establishment of a contradiction and dispute mediation and resolution system with the "double center" as the fulcrum and the "139" as the hub to gather the strength of multiple parties for the personal injury compensation disputes that occur within its jurisdiction. Since 2020, Fengyang Judicial Office has trained more than 10,000 mediators, guided and led mediation organizations under its jurisdiction to resolve 9,119 civil disputes, involving more than 30,000 people and an amount of more than 1 billion yuan.
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.
If you like this article, please share it with friends, and if you want more information, please follow me
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
The publication of this article for the purpose of conveying more information does not mean that it agrees with its views or confirms its description, and does not make any guarantee for its authenticity, accuracy, completeness and appropriateness of use; In any case, the information and opinions of this platform do not constitute investment advice to anyone; Investors or operators act accordingly at their own risk.
statement
Copyright Notice: The copyright of the original content indicated on this official account belongs to this official account, and it is forbidden to reprint it without permission.
Part of the content marked as reproduced on this official account is from the Internet, and the copyright belongs to the original author and is only for learning and reference. If there is any infringement of the rights and interests of the original author, please contact us to delete it.
Information Accuracy Statement: The information provided in this official account is for reference only, and we cannot guarantee the accuracy and completeness of all information. Readers should judge the authenticity of the information by themselves when using the information on this official account, and bear any risks arising from the use of the information.
Risk Statement: This official account does not assume any responsibility for any loss caused by the use of or reliance on the information of this official account. Readers are responsible for their own discretion.
Third-party content statement: The third-party content (such as advertisements, links, pictures, etc.) provided in this Official Account is provided by a third party and has nothing to do with this Official Account. We do not accept any legal responsibility for third-party content.
Privacy Statement: We respect and protect the privacy of all users. We will not voluntarily disclose personal information such as user name and e-mail address registered by the user to a third party without the user's personal consent or in accordance with the mandatory provisions of relevant laws.
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...