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点击数:   更新日期:2008年10月05日

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
h the operational timetable notified by the postalenterprise, send personnel to the site to supervise and handleinternational postbags, and to inspect incoming and outgoing internationalpostal articles; if the personnel sent by the Customs fail to arrive atthe site when the time limit expires, the Customs shall be heldresponsible for the consequences caused by the delay of the operationaltime limit.When the Customs inspects international postbags according to law, theinspection shall be carried out in the presence of the users at the placewhere the Customs establishment is located. In the event that therecipient or sender of postal materials is unable to be present at thesite, the Customs shall open the postbags for inspection, with thecooperation of postal staff on the scene. The postbags, which have beenopened for inspection, shall be sealed up again jointly by the Customs andthe postal enterprise with sealing marks or stamps of both. The printedmatters opened for inspection according to law by the Customs shall besealed up again with a Customs sealing mark or stamp.Article 49In case that a user sends postal materials which are subject to health andquarantine inspection or animal and plant quarantine inspection, thepostal materials must be attached with a quarantine certificate. Thequarantine offices shall inspect and give clearance to the postalmaterials without delay, in order to guarantee the time limit fortransportation or delivery of the postal materials.
Article 50When the Customs and the quarantine office are inspecting internationalpostal articles or conducting quarantine inspection or postal materialsaccording to law, they shall take proper care of them; if it is necessaryto seal them up for safekeeping, in addition to sending a notice to thesender or the recipient, the Customs and the quarantine office shall gothrough the hand-over procedures with the postal enterprises or its branchoffice, and be responsible for the safekeeping; the period of sealing upfor safekeeping shall not exceed 45 days. If, under special circumstances,the period of sealing up for safekeeping needs to be extended, the consentfrom the postal enterprise or its branch office and from the sender or therecipient shall be obtained, and this shall be done on the condition thatthe said international postal articles or postal materials being sealed upshall not suffer any losses. When the seal-up international postalarticles or postal materials are returned to the postal enterprise or itsbranch office, the postal staff shall check carefully to see if they areall in good condition before they sign to acknowledge the hand-over.With respect to international postal articles that are to be confiscatedaccording to law, or postal materials that, after health and quarantineinspection and animal and plant quarantine inspection, must be destroyed,the Customs or the quarantine office shall issue a written noticeconcerning the confiscation or quarantine disposal, and also notifywithout delay, the sender or the recipient and the postal enterprise orits branch office.In the event that the international postal articles, which are placedunder inspection and sealed up for safe-keeping according to law, arefound to have been lost, short of number or quantity, or damaged, theCustoms or the quarantine office shall be held responsible forcompensation or for handling the case.Article 51If the inspection of postal articles or the health and quarantineinspection on postal materials carried out according to law, calls for theuse of sites or premises of the postal enterprise or its branch office,the case shall be handled, through consultation, by the postal enterprisejointly with the departments concerned in accordance with the needs ofwork and objective possibilities.Article 52The Customs shall, when handling according to law ownerless internationalpostbages, pay the relevant postal expenses.
Article 53The ways for the transmission of Customs documents for outgoinginternational postal materials shall be decided on by the General CustomsAdministration jointly with the Ministry of Post and Telecommunicationsthrough consultation.
【章名】Chapter VII Penalty Provisions
Article 54Those who have violated the provisions in Article 11 of these Rules shallbe penalized by the department concerned according to the pertinentprovisions of the State and in the light of the seriousness of the cases;those who have violated the pertinent provisions concerning publicsecurity shall be penalized by the public security organs in accordancewith the Regulations of the People's Republic of China on AdministrationPenalties for Public Security.Article 55Those who have violated the provisions of Item 3 in Article 33 of theseRules but have not caused serious consequences shall be dealt with by thepublic security organs in accordance with the Regulations of the People'sRepublic of China on Administration Penalties for Public Security.Article 56Those who have forged, or falsely used the special postal mark and thepostal uniform, or the postal date-stamp, postal tongs, and postbags andother special postal articles, shall be penalized with a fine of 1,500yuan or less by the administrative bureau of post and telecommunicationsor by a unit authorized by it; in addition, the relevant articlesmentioned above shall be confiscated.Article 57Those who, for the purpose of making profits, have forged postagecertificates, facsimiled postage stamp patterns without permission, orprinted postcards with the inscription "The People's Postal Service ofChina", shall be penalized with a fine of 5,000 yuan or less by theadministrative bureau of post and Telecommunications or by a unitauthorized by it; in addition, their illegal gains and the illegalarticles shall be confiscated. In case that a user has purposefully usedpostage certificates, which are not in conformity with the pertinentprovisions, on postal materials he/she posts, the postal enterprise or itsbranch office shall refuse to dispatch them, notify the sender to withdrawthem within a fixed period of time, and, in addition, impose on the sendera fine equal to 10 times the postage the said user ought to pay; if it isimpossible to notify the sender, or the sender fails to go through theformalities for withdrawing the aforesaid postal materials when the timelimit expires, the postal materials shall be disposed of as ownerlessones.Article 58In case that postal staff have concealed, destroyed, discarded, openedwithout permission, or stolen postal materials, or have embezzled orfalsely claimed a user's remittance, the postal enterprise shall recoverthe illicit money and the stolen goods, may concurrently impose a fine onthe offenders, and may even, in accordance with the seriousness of thecircumstances, impose disciplinary sanctions on them. The specificmeasures shall be formulated by the Ministry of Post andTelecommunications.
Article 59Those who have violated the provisions in the second paragraph of Article41 of these Rules shall have their responsibilities investigated inaccordance with the provisions in Article 36 of The Postal Law.Article 60For any violation of the provisions of these Rules that constitutes acrime, the criminal responsibilities shall be investigated by the judicialorgans according to law.Article 61Those who have received or opened other person's letters or mail bymistake but refused to return the letters or mail to the recipient, or whohave already returned the letters or mail but have disclosed the contentsof the letters or mail, thereby having encroached upon other person'sright of freedom of correspondence, shall have their responsibilitiesinvestigated in accordance with the provisions in Article 36 of The PostalLaw.
【章名】Chapter VIII Supplementary Provisions
Article 62The public security organs, the state security organs, and theprocuratorial organs, as mentioned in these Rules, refer to th
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