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It's not illegal, but it's illegal.
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It is illegal to suspect theft or infringement.
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Legal Analysis: Fraudulent delivery is a fraud"The use of other people's identity information, fraudulent receipt of other people's express mail is a fraud in the law, the fraud amount of more than 2,000 yuan, the case can be filed to constitute a crime, will be investigated for criminal responsibility, but the act of fraudulent delivery of express delivery does not reach a certain amount is a violation of the Public Security Administration Law on Punishment and Punishment.
Legal basis: Article 48 of the "Public Security Administration Punishment Law of the People's Republic of China" Whoever fraudulently receives, conceals, destroys, dismantles the grinding shed without permission, or illegally inspects the mail of others, shall be detained for up to five days or fined up to 500 yuan. The draft opinion issued pointed out that fraudulently collecting, dismantling, concealing, destroying, reselling, or illegally inspecting other people's express mail will be punished by public security administration in accordance with the law.
Enterprises engaged in express delivery business have the above acts, or illegally detain express mail, the postal administration shall order corrections, confiscate illegal gains, and impose a fine of not less than 50,000 yuan but not more than 100,000 yuan; if the circumstances are serious, a fine of between 100,000 and 200,000 yuan shall be imposed, and it may be ordered to suspend business for rectification or even revoke its express business license.
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Legal analysis
Construction permits are generally valid for three months. The construction permit of the construction project is an approval document for the construction unit to meet various construction conditions and allow the start of construction, a legal certificate for the construction unit to carry out the construction of the project, and one of the main bases for the registration of housing ownership. Construction projects without construction permits are illegal buildings and are not protected by law.
When the various construction conditions are complete, the construction unit shall, in accordance with the plan approved by the start of the project, go through the construction permit procedures with the administrative department of the people's construction at or above the county level where the project is located, and obtain the construction permit permit. Without obtaining a construction permit, no construction shall be started without authorization.
Legal basis
Construction Law of the People's Republic of China
Article 9 The construction unit shall start construction within three months from the date of receipt of the construction permit. If the construction cannot be started on time for any reason, it shall apply to the issuing authority for an extension; Extensions are limited to two periods of not more than three months each. If the construction does not start and does not apply for an extension or exceeds the time limit for extension, the construction permit shall be revoked by itself.
Article 10 If the construction of a construction project under construction is suspended for any reason, the construction unit shall, within one month from the date of suspension of construction, report to the issuing authority, and do a good job in the maintenance and management of the construction project in accordance with the regulations.
When the construction project resumes construction, it shall be reported to the issuing authority; Before the resumption of construction of the orange wilt project that has been suspended for one year, the construction unit shall report to the licensing authority for verification of the construction permit.
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The consumer and the collection point are free custody contract relations, and the collection point is generally responsible for the fraudulent delivery of the express. During the custody period, if the custodian causes damage or loss of the stored property due to the custodian's improper custody, the custodian shall be liable for compensation. However, if the gratuitous custodian proves that he is not intentional or grossly negligent, he shall not be liable for compensation to Duan Yupai.
Article 888 of the Civil Code of the People's Republic of China A custody contract is a contract in which the custodian of the custody delivered by the depositor and the return of the goods are returned. Article 897 of the Civil Code of the People's Republic of China: During the period of custody, if the custodian causes damage or loss of the stored property due to the custodian's improper custody, the custodian shall be liable for compensation. However, if the gratuitous guarantee manager proves that he is not intentional or grossly negligent, he shall not be liable for compensation.
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1. First of all, call ** to the courier who sent the parcel, ask what is going on, and discuss the solution. If the courier can't solve the problem, you can find the courier company to deal with it. It can also be handled by the seller, and the buyer does not need to be held responsible.
Article 42 of the Interim Regulations on Express Delivery stipulates that if a person fraudulently collects, dismantles without permission, conceals, destroys, resells or illegally inspects another person's express mail, which does not constitute a crime, shall be punished by public security administration in accordance with the law. Enterprises engaged in express delivery business have the provisions of the preceding paragraph, or illegally detain express mail, the postal administration shall order corrections, confiscate illegal gains, and impose a fine of not less than 50,000 yuan but not more than 100,000 yuan; if the circumstances are serious, a fine of between 100,000 and 200,000 yuan shall be imposed, and it may be ordered to suspend business for rectification or even revoke its express business license.
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Legal Analysis: Fraudulent delivery is a fraud"The use of other people's identity information, fraudulent receipt of other people's express mail is a fraud in law, the amount of fraud reaches more than 2,000 yuan, it can be filed as a crime, and its criminal responsibility will be investigated, but the fraudulent delivery behavior that does not reach a certain amount is a violation of the public security administration punishment law.
Legal basis: Article 48 of the Law of the People's Republic of China on Public Security Administration Punishments for Illegal Filings Whoever falsely receives, conceals, destroys, opens or illegally inspects other people's mail shall be detained for up to five days or fined up to 500 yuan. The draft opinion issued pointed out that if the person who takes the goods, opens them without permission, conceals them, destroys them, resells them, or illegally inspects them to others, he will be punished by the public security administration in accordance with the law.
Enterprises engaged in express delivery business have the above-mentioned acts, or illegally detain express mail, the postal administration shall order corrections, confiscate illegal gains, and impose a fine of not less than 50,000 yuan but not more than 100,000 yuan; if the circumstances are serious, a fine of between 100,000 and 200,000 yuan shall be imposed, and it may be ordered to suspend business for rectification or even revoke its express business license.
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Express was taken by others, in this case to go to the express outlets to verify the situation, if it is indeed the responsibility of the courier company, then you can ask the courier company to compensate, if the courier company does not admit or refuse to compensate, you can contact the sender, or ask the consumer association for help.
1. What should I do if the courier is taken away by someone else?
1. Call ** to the courier who sent the parcel, ask what is going on, and ask the socks to discuss the solution. If the courier can't solve the problem, you can find a courier company to deal with it. It can also be handled by the seller, and the buyer is not held responsible.
3. According to Article 42 of the Interim Regulations on Express Delivery:
Those who fraudulently receive, dismantle without permission, conceal, destroy, resell, or illegally inspect other people's express mail do not constitute a crime, will be punished by public security administration in accordance with law. According to the Regulations of the People's Republic of China on Public Security Administration Punishments, there are three types of public security administrative punishments: warnings, fines, and detention. In other words, if you deliberately take another person's courier and the circumstances are serious, you may be sentenced to public security detention for more than 1 day and less than 15 days.
Interim Regulations on Express Delivery
Article 30. The sender shall comply with the provisions of Article 24 of the Postal Law of the People's Republic of China on prohibiting or restricting the delivery of goods by the sender and the enterprise engaged in express delivery business.
The catalogue and management measures of prohibited items shall be formulated and published by the postal administration in conjunction with the relevant departments.
Article 31.
Enterprises engaged in express delivery business shall inspect the contents in accordance with the provisions of the Postal Law of the People's Republic of China and make inspection marks. If the sender refuses to inspect it, the enterprise operating the express delivery business shall not receive the mail. If an enterprise engaged in express delivery business is entrusted by the sender to provide express delivery services on a long-term basis and in batches, it shall sign a security agreement with the sender to clarify the security obligations of both parties.
2. What is the compensation standard for the loss of express delivery?
1. If the insured mail is lost or completely damaged, compensation shall be made according to the insured amount; If part of the damage or the contents are short, the actual loss of the mail shall be compensated according to the proportion of the insured amount to the full value of the mail.
2. If the uninsured receipt mail is lost, damaged or the contents are short, compensation shall be made according to the actual loss, but the maximum compensation shall not exceed three times of the fee charged; **If the letter is lost or damaged, compensation shall be made at three times the fee charged.
3. Postal enterprises shall indicate the provisions of the preceding paragraph in a manner sufficient to attract the attention of users in the notices of their business premises and on the documents provided to users for posting and serving on land.
Finally, after the express is taken away by others, the recipient should first be suitable for whether the people around him have been collected, if not, go to the express outlets to verify, and then negotiate according to the responsibility, if the negotiation is not good, complain to the relevant departments, or call the complaint**.
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