CCTV News:Recently, a certificate issued by a policeman in Guangrao County, Shandong Province spread on the Internet. A courier who kneels to the customer, a policeman who promises "I will testify for you", and a user who is persistent in defending rights, all kinds of discussions and conjectures have been ignited around these three people. What is the whole picture of the incident? Let’s go back to the night when the local police received the alarm.
June 10, 2019 [Alarm recording]
Officer: Hello.
Mr. Zhang, the policeman: A woman is sitting at my door crying and kneeling here. Please send someone over quickly.
This is an alarm recording clip of the policeman Mr. Zhang that the reporter got from the police that night. Not long after, Mr. Zhang received a call from Wang Haigang, a policeman on duty at Daozhuang Police Station of Guangrao County Public Security Bureau that night.
Mr. Zhang, the policeman: I complained about her (courier) because of a courier problem, and she cried and made trouble at my house.
Wang Haigang: Where is she? Still at your house?
Alarm person Mr. Zhang: It’s still at my home.
Soon, the policeman Wang Haigang came to the scene with two auxiliary police officers. I saw Ms. Nie, the courier who was sitting with her head buried.
Mr. Zhang, the policeman: This is from Yuantong Express. (I) complained, and I came here crying and making trouble, saying that I lost her job. I wouldn’t listen to anything, saying that the company would fire her tomorrow.
Ms. Nie, the courier: It’s been almost a month, and there’s no mango. I said I can’t buy it imported from Vietnam. I’ll pay you how much you say, and I’ll pay you twice as much as three times. You said you didn’t spend money on mango. I spent more than 50 yuan. I bought it for you and I’ll pay for it.
Mr. Zhang, the policeman: I told you about the mango problem, and I solved it.
Ms. Nie, the courier: You solved it, and you still complain about me?
Mr. Zhang, the policeman: I told you at that time that I didn’t accept Yuantong Express. Why did you cheat me with postal express?
Courier Ms. Nie: How can I compensate you? You said you didn’t accept Yuantong Express, right?
The recipient, Mr. Zhang, and the Yuantong dispatcher, Ms. Nie, gave me a sentence and restored their troubles to the policeman Wang Haigang. The policeman Wang Haigang asked the two sides to stop the dispute first, and then began to ask the policeman Mr. Zhang first, why the two sides had a dispute.
Mr. Zhang, the policeman: I said that I canceled the complaint for you, so you should go quickly. She said ‘ I lost my job tonight ’ I said, why don’t you solve this problem during the day? There is plenty of time during the day. The customer service is off duty at night, and I can’t even make a phone call.
After understanding the statement of the policeman Mr. Zhang, the policeman Wang Haigang began to ask the courier Ms. Nie.
Ms. Nie, the courier: What am I doing here tonight? I just want to say, how do you want to solve this problem and how can we solve it? I just want to come up tonight and say how satisfied you are. He complained to me several times.
Wang Haigang: Are you here to settle this matter with him?
Alarm man Mr. Zhang: Why did you kneel when you entered the door?
Ms. Nie, the courier: I didn’t say that at first. I didn’t kneel at first.
Wang Haigang: Don’t kneel for him.
Ms. Nie, the courier: I didn’t kneel for him.
Wang Haigang: What do you want to achieve?
Ms. Nie, the courier: What do I want to achieve? How can he be satisfied with me? I’m fined 500 for complaining once, and I’ve already been fined 2,000 yuan, so I’ll be fired tomorrow.
Mr. Zhang said that he complained again after signing for a new box of mangoes, because he felt cheated.
Courier Ms. Nie: You don’t accept Yuantong, so I can’t find the postal courier.
Mr. Zhang, the policeman: I told Yuantong, Yuantong customer service including them. With Guangrao (branch), I don’t accept Yuantong Express. She is a smart girl. She sent me a courier from China Post. I went to check the courier number that day, but there was no single number.
Wang Haigang: Why don’t you accept Yuantong Express?
Mr. Zhang, the policeman: Everything I bought, I bought several times, all of them were Yuantong (express delivery), and they all broke down there, and then I went to it to claim compensation. Their service attitude was very hard.
Wang Haigang: You didn’t accept Yuantong when mango made a claim. Yuantong staff sent it to you in the name of postal service. Isn’t that the case?
At this time, the policeman Mr. Zhang and his mother both said that they recognized the fact that the policeman Wang Haigang combed. However, in the process of mediation, the mood of Mr. Zhang and his mother suddenly changed.
Wang Haigang: Since you have accepted this mango, it is not easy to get a job.
Mr. Zhang’s mother: Yes.
Wang Haigang: Well, let people kneel down.
Mr. Zhang: Who told her to kneel down?
The expression "make people kneel" has caused Mr. Zhang and his mother to fall into a quarrel with the policeman Wang Haigang. Mr. Zhang picked up his mobile phone and decided to complain to the police.
Mr. Zhang: Hello, I just called the police. Your public security service attitude is not good. I’m going to report it to Daozhuang Public Security Bureau (police station) now.
At the end of the mediation, Mr. Zhang said that he could not forgive the courier Ms. Nie’s kneeling behavior in his home that night.
At this time, the policeman Wang Haigang pulled the courier Ms. Nie aside alone and said a few words to her alone.
Wang Haigang: Go back to the company tomorrow.
Ms. Nie, the courier: I was deducted two thousand dollars.
Wang Haigang: I won’t detain you again, and I won’t fire you.
Ms. Nie, the courier: This salary is paid by the head office, not Guangrao.
Wang Haigang: Isn’t there another reason for the head office? Do you see that?
Ms. Nie, the courier: I can see it. I can see it long ago.
Wang Haigang: He won’t forgive you if you are here. Go, go home, and I will testify for you.
What will the police do to testify for the courier?
The complete picture of the law enforcement recorder obtained by the reporter from the police is fixed here. It was getting late at that time, and the village was temporarily quiet. What kind of way will the policeman Wang Haigang choose to testify for the courier? What is the truth that the courier said that he was fined two thousand yuan? In the law enforcement recorder, what is her dilemma of "service industry"?
That night, Wang Haigang, a policeman, went to mediate a neighborhood dispute. When he returned to the police station, it was about two in the morning. He sorted out the facts he learned when he went to the police overnight and thought it necessary for him to write a written certificate.
Wang Haigang, a policeman from Daozhuang Police Station of Guangrao County Public Security Bureau: At that time, the two parties did not reach an agreement, and this contradiction was not resolved. She doesn’t want to leave, and she is afraid of being dealt with again. We can provide a proof. If we do this proof, we can help the courier solve the problem. I think it is still possible and worthwhile.
Zhang Xueliang, director of Daozhuang Police Station of Guangrao County Public Security Bureau, told the reporter that Wang Haigang, a policeman, had asked him for instructions before writing the certificate.
Zhang Xueliang, director of Daozhuang Police Station of Guangrao County Public Security Bureau: I wonder if we can write a certificate to Nie Guiying or introduce the situation. I said yes, and now we advocate this kind of active behavior very much, because the cases we still encounter are different, and the situations are different, so you need to handle them differently.
After Wang Haigang wrote the certificate, he first showed it to Zhang Xueliang, the director of the police station, and then signed and sealed it. In this certificate, the policeman Wang Haigang wrote: "There is no need to abandon dignity and pray for forgiveness, and the police will prove it"; "Good for evil, how to repay good"; We hereby give a written proof of this matter and make the following suggestions to your company.
Zhang Libin, deputy political commissar of Guangrao County Public Security Bureau: The police issued this certificate, which is not the statutory duty of our public security organs. We think it is worthy of recognition for the simple sense of justice of the police from the heart. From my personal understanding, it is mainly to prevent the intensification of contradictions at that time, and to cool down the problem first and deal with it coldly.
The next morning, Wang Haigang, a policeman, together with the courier, handed this written certificate to YTO Express’s branch in Guangrao County, Shandong Province.
Ms. Nie, a dispatcher in YTO Express, said: "I cried when I read the content. I was really moved at that time."
There are praises and doubts in the network where the police issue certificates.
So far, no one among the parties can tell who first posted this certificate on the Internet. The speed of the event fermentation made all parties unexpected. On June 11th, YTO Express made a public statement for the first time on this matter, saying that "it is understood that the outlet where the salesman is located has been exempted from the punishment caused by the complaint and offered condolences to him", and thanked the police for their generous help; The policeman Wang Haigang and a paper certificate he issued overnight won public praise; On June 12th, YTO Express made another statement, that is, on the same day, the complainant, Mr. Zhang, asked the police to apologize to him for the impact of this certificate. Public opinion began to question the police; On June 14th, an audio of Ms Nie suddenly spread on the Internet. "The company didn’t say that I was fired, nor did it say that I was fined. When I said that I was fined and fired, I only said that because I put pressure on my customers."
The news that "kneel down courier admitted to lying for Bo sympathy" was quickly forwarded on Weibo. In the news audio, the dispatcher Ms. Nie personally said that the company did not say that she would be fined. Then, why did YTO Express clearly state in the first announcement: "The branch where the salesman is located has been exempted from punishment caused by complaints"?
If there is no fine, how can it be exempted? On June 14th, Ms. Nie made a new statement about the fine when she was interviewed by the rule of law online reporter.
Ms Nie, dispatcher of YTO Express: Actually, this matter is true, because the leaders of our company did say (fine), and we also have rules and regulations. If you complain too much, you will be fined.
Reporter: What was that?
Ms. Nie, Dispatcher of YTO Express: At that time, it might not be good for our superior leaders. You see, dismissal for this matter is another fine. If there is a lot of fine, he is afraid of bad influence.
Reporter: Who is your superior leader?
Ms. Nie, the dispatcher of YTO Express: Guangrao (outlet manager). I really didn’t lie at that time. At that time, the company did say that it was fined, which means that because you haven’t handled this matter for nearly a month, the company’s influence has been very bad.
Ms. Nie, the courier, told the reporter that this fine is a huge pressure for her. "I’m really afraid of this fine of two thousand dollars, so I don’t have nothing to eat for half a month. Children have to pay tuition, and there are old people at home. The courier is really hard. "
Whether the reporter was fined again asked the person in charge for verification.
On June 15, the reporter met the local person in charge of Yuantong in Guangrao County, Shandong Province, and asked him again about whether the courier Ms. Nie had been fined.
Reporter: Is this money punished or not?
Mr. Wei, Manager of Guangrao County Branch in YTO Express: I learned that there was no penalty in the future.
Reporter: You never punished her for this matter from beginning to end?
Mr. Wei, Manager of Guangrao County Branch in YTO Express: I have complained many times about this customer. Let me take a look … … If you complain many times, I will tell the salesman that if the customer complains again, you will be fined two thousand yuan.
Reporter: What is the basis for your decision to punish this 2,000 yuan?
Mr. Wei, manager of Guangrao County Branch in YTO Express: I said it smoothly, and there was no real punishment. My real idea is that you should settle this matter for me quickly and don’t let customers complain.
Reporter: The company also has a company system, right? How much is the penalty for a complaint?
Mr. Wei, Manager of Guangrao County Branch in YTO Express: Complaints are defined according to the seriousness of the plot.
Manager Wei told the reporter that the head office has a perfect assessment system, but he can’t remember clearly whether the delivery staff will be fined after receiving customer complaints and the basis for judging the fine. At this point, Ms. Nie, the courier, has had three statements about the "fine".
When Ms. Nie, the courier, decided to apologize at the home of the complainant Mr. Zhang, did YTO Express decide to punish her for the repeated complaints made by the user Mr. Zhang? YTO Express said in the official announcement that he had been exempted from punishment. Is it the 2,000 yuan that Ms. Nie said? Is this 2,000 yuan based on the relevant regulations of YTO Express head office, or is it "a casual remark" made by manager Wei, the head of Guangrao branch? In response to these problems, the reporter repeatedly asked manager Wei, the person in charge of Guangrao outlets, and Ms. Nie, the courier. Neither side made a clear statement. The reporter met YTO Express staff from Shanghai in Guangrao, and put forward an interview application to her for these problems, which was also rejected by the other party. It is understood that YTO Express has adopted the franchise mode in Guangrao. Ms. Nie told reporters that she started contracting this outlet in November last year, but she has never signed a contract.
Manager Wei told the reporter that after the new employees of Yuantong Guangrao Branch join the company, the company usually trains the employees by means of "bringing the old with the new". The reporter learned from the outlets in Guangrao County, YTO Express that one part of their complaint handling is "the responsibility appraisal of the responsible outlets to confirm whether the judgment is wrong". Then, when the courier Ms. Nie received the complaint for the first time, how did Yuantong investigate it internally?
Reporter: Is there one missing from this box of mangoes?
Manager Wei: Later, he (the client) said that one of the three was lost. Because his weight was calculated to be three or four ounces, but that mango seemed to weigh three pounds at that time, so it was a big one, and if it was a few ounces, it would be a very small one.
Reporter: Who is responsible?
Manager: Now I don’t understand whose responsibility it is. Some fruits originally came from the south. After the packing box came, the fruit was soft and it evaporated easily, so the packaging was not so standardized, and some things were deformed.
How many times have you complained? What are the reasons?
Then, how many times has the complainant, Mr. Zhang, complained? What are the reasons and demands of each complaint? After the incident fermented, the reporter interviewed Mr. Zhang at his home.
Complainant Mr. Zhang: On May 18th, I went to Yuantong Express to get the courier. When I went there, the mango box was damaged. After opening, three mangoes and a mango bag weigh 2.7, and the weight on that list is 3.1, and there is a big hole under that box. At that time, I told the station staff that he did see a mango on their van, but they didn’t do anything about it.
Mr. Zhang didn’t sign for this box of mangoes. He told the staff of the outlet that he wanted to change a new box of mangoes, but the staff said that they couldn’t buy imported mangoes. The reporter obtained Mr. Zhang’s "four complaint records" provided by customer service from the company’s Guangrao outlet, and the complaint time was May 18, 19, 21 and 24 respectively. However, according to Mr. Zhang’s memories to reporters, he had four calls with customer service, two were complaints and two were customer service return visits.
Complainant Mr. Zhang: The mango was lost for the first time and a complaint was made. The second time they paid a return visit and asked if the mango problem had been solved. I said it wasn’t solved, and then they said they would handle it further. The third time, I complained about why I sent a false courier. The fourth time is to ask if mango has been solved? I said it was solved. Why didn’t you solve the problem that your order number was a false express delivery?
He signed for the box of mangoes paid to Mr. Zhang, but the problem of false single number made him feel cheated.
After the event was fermented, Ms. Nie, the courier, reflected on her behavior. "If he wants other express delivery, I will send it to him, and it may be fine. At that time, I just wanted to solve it as soon as possible, maybe I was too anxious. I feel that I am also at fault, and I am a little anxious when communicating. I was a little anxious to communicate with Xiao Zhang before, and my tone was a bit extreme. "
Expert interpretation: reflection on the crux of the problem
In view of the parties in this incident and a series of problems reflected behind the incident, the column reporter interviewed experts to interpret it.
Zhu Wei, deputy director of Communication Law Research Center of China University of Political Science and Law: There are only legal complaints and illegal complaints, and there has never been a malicious complaint. For a serious person, one mango is not enough. Today, mango is missing, and tomorrow it may be something else. I think this society may become better with a more serious consumer.
Experts said that Mr. Zhang, as a consumer, complained about the behavior of the express delivery platform, and all of them defended their rights and complained according to law. However, as an alarm person, Mr. Zhang’s complaint about the poor "service attitude" of the police officers is not established at the legal level.
Zhu Wei, Deputy Director of Communication Law Research Center of China University of Political Science and Law: The most important thing for the police is to solve problems quickly and decisively. Be credible and honest, and at the same time be dignified. You can’t pick this service attitude of the police, because he is not a police officer, he is a police officer. Police officers are facing all kinds of dangers. If we only emphasize his attitude, it is likely to affect his "main business". You can’t ask every policeman to listen to you like a lawyer, and you can’t ask every policeman to let you fully express yourself like a psychological counselor, so this complaint from Mr. Zhang is unfounded.
So how do you evaluate this certificate issued by the police Wang Haigang? Is there anything wrong with it?
Yin Shaocheng, Associate Professor, School of Law, Capital University of Economics and Business: Although the certificate is not an administrative penalty, it has the nature of administrative guidance. Although there is no compulsory execution for the courier company, such guidance may indeed cause some infringement on the rights and interests of (the complainant) Zhang, and there are indeed shortcomings.
Zhu Wei, deputy director of Communication Law Research Center of China University of Political Science and Law: He suggested that Yuantong blacklist this customer. This is a problematic place. A policeman represents himself or public power. How can you ask a platform to blacklist a complainant and refuse his services? This is a particularly problematic statement. He didn’t consider this issue from the consumer’s point of view, or even comprehensively, but I think he is still worthy of praise. After all, he is decisive in dealing with this issue, and this thing he wrote is deeply rooted in the hearts of the people. He mentioned a topic that we have neglected for a long time, that is, the dignity of workers. I think this is still a good thing.
After the incident was fermented, there was a questioning voice saying that Wang Haigang, a policeman, was emotional on the night of the police and did not investigate the incident in sufficient detail. Experts put forward their own views.
Zhu Wei, deputy director of Communication Law Research Center of China University of Political Science and Law: He is not a judge. If you are a judge, you can’t leave that night, so you have to listen to all the reasons there. What do the police need to do to resolve this danger and contradiction that you may have? Let this contradiction not continue to extend. A policeman, especially a policeman who has been enforcing the law at the grass-roots level for many years, has sufficient experience. Can solve problems, solve problems; If you can’t solve the problem, you should resolve the dispute and resolve the potential risks.
Experts pointed out that while paying attention to the experience of Ms. Nie, the courier, we should also note that the whole incident reflects a concern of both the Consumer Protection Law and the Electronic Commerce Law: how to protect the rights of the complainant.
Zhu Wei, Deputy Director of Communication Law Research Center of China University of Political Science and Law: All complaints should not be made transparent. When Ms. Nie went to apologize, first of all, who gave you this information? It was given by the platform. The platform gave the information of others complaining about you to the direct complainant, and Ms. Nie knew all the contact information and personal information of Mr. Zhang’s life, so she could even block the door and apologize. I think the problem appeared on the platform. The complainant must physically isolate the information of offline complaints from the respondent.
Experts pointed out that this incident exposed the problem of "custody by punishment" within the express delivery company involved.
Yin Shaocheng, associate professor of the School of Law of Capital University of Economics and Business: How to deal with customer complaints can not be simply "managed by penalty", which will put great pressure on front-line couriers. Ms. Nie’s extreme way of going to the door at night and even kneeling down is actually related to this internal management.
Zhu Wei, deputy director of Communication Law Research Center of China University of Political Science and Law: Once there is a fine, it will lead to the following problems. I will do whatever it takes to keep my job, and I will do whatever it takes not to be fined. So who will bear all these costs? The complainant will bear them. The platform allows such consequences to appear. The reason why it lets the respondent go to this complainant is that its thinking is not to solve this problem, but to solve the person who raised the problem.
Expert: We should also improve the "traceability mechanism"
Experts pointed out that after this incident, the relevant platforms in the express delivery industry should also pay attention to the improvement of a "traceability mechanism" while reflecting on the complaint mechanism.
Zhu Wei, deputy director of the Communication Law Research Center of China University of Political Science and Law: What is traceability? It is all the process from the consignor to the consumer. And every time this kind of inspection, including the inspection of the appearance of the package, including the verification of the person from the very beginning, should be completed step by step, so once there is a problem, in fact, if you trace back to this process, you should be able to find out where the problem lies. Did you lose the mango? Which link was lost? So far, no answer has been given, and all the contradictions are concentrated on two most irrelevant people, one is the consumer and the other is the courier.
Experts said that Ms Nie, the courier, would violate the legitimate rights and interests of China Post by paying for a box of mangoes with a forged postal number.
Yin Shaocheng, Associate Professor, School of Law, Capital University of Economics and Business: Ms. Nie forged postal express and was suspected of fraud, which would also infringe the legitimate rights and interests of China Post. In a word, a series of improper handling by the parties involved are actually worthy of reflection, which is why this matter has been so heated.
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