中华人民共和国邮政法实施细则
发 文 号:国务院令第65号
发布单位:国务院令第65号
第六十一条 误收、误拆他人信件不予退还或者已退还但泄露信件内容,侵犯他人通信自由权利的,依照《邮政法》第三十六条规定追究责任。
【章名】第八章 附则
第六十二条 本细则所称公安机关、国家安全机关、检察机关是指县以上(含县级)公安机关、国家安全机关、检察机关。
第六十三条 邮电部可以根据本细则制定有关规章。
第六十四条 本细则由邮电部负责解释。
第六十五条 本细则自发布之日起施行。
【名称】RULES FOR THE IMPLEMENTATION OF THE POSTAL LAW OF THE PEOPLE'SREPUBLIC OF CHINA
【题注】
【章名】Important Notice: (注意事项)
英文本源自中华人民共和国务院法制局编译, 中国法制出版社出版的《中华人民共和国涉外法规汇编》(1991年7月版).
当发生歧意时, 应以法律法规颁布单位发布的中文原文为准.This English document is coming from the "LAWS AND REGULATIONS OF THEPEOPLE'S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS" (1991.7)which is compiled by the Brueau of Legislative Affairs of the StateCouncil of the People's Republic of China, and is published by the ChinaLegal System Publishing House.In case of discrepancy, the original version in Chinese shall prevail.
【章名】Whole Document (法规全文)
RULES FOR THE IMPLEMENTATION OF THE POSTAL LAW OF THE PEOPLE'SREPUBLIC OF CHINA(Promulgated by Decree No. 65 of the State Council of the People'sRepublic of China on November 12, 1990, and effective as of the date ofpromulgation)
【章名】Chapter I General Provisions
Article 1These Rules are formulated in accordance with the Postal Law of thePeople's Republic of China (hereinafter referred to as the Postal Law).Article 2The Ministry of Post and Telecommunications of the People's Republic ofChina (hereinafter referred to as the Ministry of Post andTelecommunications) shall be the competent department of postal servicesunder the State Council and shall administer postal services throughoutthe country.The administrative bureaus of post and telecommunications of variousprovinces, autonomous regions, and municipalities directly under theCentral Government (hereinafter referred to as the administrative bureausof post and telecommunications) shall be the regional administrativeorgans of postal services, which shall administer postal services ofrespective regions.Article 3The municipality or county bureaus of post and telecommunications(including the post offices, - the same below) shall be public enterprisesowned by the whole people that operate postal business (hereinafterreferred to as "Postal enterprises"), and, after being authorized by theadministrative bureaus of post and telecommunications, shall beresponsible for the administration of postal services of the respectivelocalities. The branch post and telecommunications bureaus, the post andtelecommunications offices, the branch post bureaus, and the postaloffices shall be the branch offices that handle postal business(hereinafter referred to as "the branch office"); the postal kiosks andnewspaper and periodical stands shall be the service points of postalenterprises. The post and telecommunications agencies shall be consideredas branch offices postal enterprises.Article 4Without the entrustment by the postal enterprises, no unit or individualmay operate posting and delivery of letters, postcards or other articleswith characteristics of mail, except as otherwise provided by the StateCouncil.The letters refer to those carriers which transit information by usingsealed envelopes. The other articles with characteristics of mail referto those carriers which transmit information by using such forms assymbols, images, or sounds. The specific contents thereof shall bestipulated by the Ministry of Post and Telecommunications.Article 5In case that a postal enterprise entrusts other units or individuals withthe handling of postal business, they shall reach an agreement throughconsultation and sign entrustment contracts.
Article 6All units and individuals that make use of the postal services of Chinashall be generally called postal users (hereinafter referred to as users).Article 7A postal enterprise shall provide users with fast, accurate, safe andconvenient postal services, and protect the lawful rights and interests ofusers in making use of postal services.Any unit of individual shall have the obligations to protect freedom andprivacy of correspondence, and the safety of postal materials; no unit orindividual may use postal services for activities forbidden by laws,regulations and policies.In the course of transportation and delivery of postal materials, no unitor individual shall inspect or detain the postal materials under anypretext, except when the inspection of correspondence according to law bypublic security organs, state security organs, or procuratorial organs isnecessary for the state security or the investigation of criminaloffences.Article 8In the event that a public security organ, a state security organ, or aprocuratorial organ inspects or detains postal materials or freezesremittances or savings deposits out of the necessity for the statesecurity or the investigation of a criminal offence, it is imperative forthe aforesaid organs to issue according to law notifications of therelevant inspection, detention, or freezing to the postal enterprise orthe administrative bureau of post and telecommunications concerned at orabove the county level, and to make out a list of the specific items ofpostal materials, remittances, or savings deposits; after going throughthe procedures for inspection, detention or freezing, the postalenterprise shall appoint specially-designated persons to be responsiblefor sorting out the items in question, register them one by one, and thengo through the hand-over procedures; with respect to those postalmaterials, remittances or savings deposits which need no furtherinspection, detention or freezing, or which have been proved throughinvestigation to have nothing to do with the case concerned, they shall bereturned to the postal enterprise without delay. In case that in thecourse of inspection, detention or freezing the postal materials,remittances or savings deposits are lost or damaged, the relevant publicsecurity, state security, or procuratorial organ shall be responsible forcompensation.
Article 9In case that a people's court, or a procuratorial organ confiscatesdomestic postal materials, remittances or savings deposits, it mustpresent relevant legal documents, and go through the relevant procedureswith the postal enterprise and administrative bureau of post andtelecommunications at or above the county level. The decision on theconfiscation of incoming or outgoing international postal articles shallbe made by the Customs, which shall also complete the relevant procedures.Article 10In case that a unit concerned has the necessity to collect or obtainevidence or consult the postal business archives, according to law, itmust obtain a written certificate issued by the public security organ, thestate security organ, the procuratorial organ, or the people's court, inthe place where the postal enterprise concerned is located, make a list ofthe specific items of postal materials, and then go through the relevantprocedures with the postal enterprise and the administrative bureau ofpost and telecommunications at or above the county level.Article 11No unit or individual may commit the following acts that hamper the normaloperations of postal services:(1) to damage postal installations;(2) to set up stalls or to stack up things in front of the entrance to, orin the in-and-out passage ways of postal enterprises or their branchoffices, thereby hampering users to make use of postal services orblocking the passage of postal vehicles;(3) to make trouble willfully or disturb the normal order at the siteswhere postal business is conducted;(4) to hamper postal staff from executing their duties according to law,or to seek a quarrel;(5) to intercept postal means of transport, to hamper illegally thetransportation and delivery of postal materials, or force their way to geton postal means of transport;(6) to inspect or detain postal materials illegally;(7) to commit other acts that hamper the postal enterprises or theirbranch offices