The Research To The Legal System In China’s Express Market Access

Since the introduction of Express Mail Service in1979, the industry has experienced arapid development in China. In recent years, along with the rise of e-commerce, the expressindustry is showing a "blowout" growth. However, the growth of express industry also led tonumerous concerns: lack of standard in business, poor quality of service, risks of security, lowmarket concentration and etc., which negatively impact Chinese express delivery industry. In2009, the new Postal Law was promulgated to regulate the courier market, followed by theenactment of supporting laws and regulations. Nevertheless, there are still some shortcomings,uncertain crucial postal franchise, the high registered capital of domestic enterprises, lack ofaccess rules for joining enterprises, and etc... These problems negatively influence thedevelopment of the express industry. In this dissertation, how to combine the sustainabledevelopment of courier industry with current market situation, and how to regulate theindustry effectively in a free and fair business competition order, are taken intoconsiderations.This dissertation is divided into five parts mainly:Part I: The overviews of China’s express delivery market. This part initially introducesthe definition, characteristics and classification of express delivery, as well as the relationshipamong express, logistics and express market. As followed, in order to provide references forthe design of regulations, a clear line about the history and current status of express market isshowed in this part.Part II: Theoretical analysis of express market access regulation. The analysis of marketaccess regulation is conducted in five levels. Then, this part provides references for the designof regulations from economics and administrative perspectives respectively.Part III: The status and existing problems of Chinese express market access legislationsystem. According to the current legislations, this part summarizes three main problems whichare uncertain courier postal concession area, high access standard for domestic enterprises,and imperfect access system for franchise businesses. Part IV: Learning from the experience of developed countries. Because of therelationship between Postal and courier industry, this part summarizes the experience from thecommons of market access system in German, the US, and the UK.Part V: Reflections and Suggestions on the improvement of Chinese express marketaccess legal system. According to the problems of the current courier market access systemand the theoretical analysis on economics and law perspectives, this part proposescountermeasures to improve the system in six aspects drawing on the experience fromdeveloped countries.According to the five parts, this dissertation proposes the view on the improvement ofexpress access system: in order to expand the effectiveness of market, the access to the marketshould tend to be more latitude, and state law only provides necessary regulations.