Logistics transportation is one of the pillar industries of the national economy. Thousands of transportation companies and individuals make a living from it. Although China's logistics industry is currently very large in capacity and capacity, it has not been perfect in terms of road traffic legal construction. In the chaotic market, logistics companies and owners of vehicles often face infringements and many people are forced to walk. Right on the right path.
However, it is easy to talk about the road to safeguarding rights. The general lack of legal knowledge of practitioners, the lack of professional guidance, and the additional time and labor costs, these factors make it very difficult for logistics companies to defend their rights. In response to this situation, on June 18, 2016, Mr. Xiao Yang, the famous lawyer, and the truck house jointly organized a lecture in Tianjin to specifically introduce to transport companies and individuals how to defend rights.
â— Senior lawyer Xiao Yang specializes in traffic rights protection
Mr. Xiao Yang has been engaged in litigation and rights protection in the field of logistics transportation for many years and is also a senior card friend of the Truck House Forum. The ID of “Mountain Visiting Little Demon†has been active in the forum since 2011, and has published a lot of professional legal posts for the card. Friends provide a lot of professional legal support and assistance.
In this offline forum, Xiao Yang's lawyer interacted with his cardmates face to face to explain the difficulty of protecting the rights of today's logistics companies and gave them a lively lesson.
â— Why do you want to safeguard your rights? Maintaining a normative order of interests
Although many transport companies nowadays often encounter law enforcement infringement on the road, many people choose to endure it silently. On the one hand, it is because of the high cost of rights protection. On the other hand, due to lack of legal knowledge, evidence, and other factors, it lacks the ability to defend rights.
However, the long-term consequences of non-rights protection are very serious. It not only increases the company's financial expenditure, but also helps to worsen the order of road transport, making it difficult for rights protection to fall into a vicious circle. Therefore, in order to safeguard the interests of enterprises and standardize the order of road transport, logistics companies must have the responsibility to fight against administrative infringement incidents.
â— Adhere to the three principles of reasonable and legitimate rights protection
Xiao Yang's lawyer encourages logistics companies to safeguard their rights, but emphasizes that not all infringements are worth protecting rights, and companies must adhere to certain principles before measuring their rights.
The first is the principle of effectiveness. It is necessary to ensure that you are actually infringed and that the evidence you have is valid.
The second is the principle of convenience, the right to protect rights in the nearest place, and minimize the time and financial costs of the litigation process.
The third is the principle of legitimacy. We must safeguard our rights in accordance with the law. We must be reasonable in everything we do and evade excessive behavior.
â— Step by step to prepare
When you determine that you want to safeguard your rights, the first thing that matters is to collect and preserve evidence, collect evidence such as documents, photographs, videos, and audio recordings left in the infringement, and keep them as evidence when defending your rights.
Then analyze whether the evidence, procedures and basis for enforcement are reasonable and whether there are any loopholes. If you lack knowledge of this area, you can seek the help of lawyers and other professionals.
Next, you can consider choosing the most appropriate way to protect your rights. In general, you can choose negotiation, media, reconsideration, litigation, and other methods.
The final part is the actual operation. The process of rights protection is long and arduous, and logistics companies must be psychologically prepared.
â— It is not difficult to master four main points
Although all kinds of infringement events are not the same, but these events have some common areas in the process of rights protection, Xiao lawyer summed up several points to note:
I. Infringement administrative subject: Find the unit stamped in the enforcement document to see if the unit has the power to make administrative action. If he does not have law enforcement power but has done a law enforcement act, this item is evidence that he is very favorable to himself.
Second, the law enforcement basis: in the face of administrative law enforcement, we must ask clearly the other party's law enforcement basis, and then according to legal provisions to see if the basis is accurate and reasonable.
Third, the evidence: to confirm whether the other party's law enforcement evidence is conclusive, whether there is ambiguity, omissions, distortions. According to the judicial requirements of our country, every fact in the verdict should have evidence to prove that every evidence should be recorded.
IV. Law Enforcement Procedures: Compare law enforcement procedures of law enforcement agencies with legal provisions one by one. If legal provisions are not clear, professional lawyers can be sought for help.
â— Postscript:
During the entire lecture, Xiao Yang’s lawyer has been stressing that his own rights must be won by himself. If you are afraid to offend the executive authorities and choose to silently patience, then the market will still look like this, and later you will shatter your teeth and swallow your stomach. The entire logistics industry should unite, so that individual rights protection into a collective rights protection, so that drivers can become rights protection companies, so that law enforcement rights into legislative rights. In this way, the chaotic situation can be improved step by step and the legal progress of the logistics industry can be promoted.
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