Tianjin Jin-Gong supermarket collection fees for fines collection charges controversy experts: no basis

Experts say there is no legal basis for a sum of 3 yuan "Tianjin Jin-work supermarket collection traffic illegal fines, but also to pay 3 yuan handling fees, I handed 3, they divided 3 times, received 9 yuan." Recently, Tianjin residents to pay traffic fines, the supermarket received a "handling fee", many people complained that the convenience of the Tianjin supermarket has become a taste. "Is it not an arbitrary charge?" "The public has questioned the legality of the charging of fees by supermarkets. The supermarket points may deduct the fine handling charge January 9, reporter walked into several Tianjin supermarket stores, without exception in the doorway to see the supermarket posted "warm tip": Since December 27, 2012, the store on behalf of the traffic penalty business in accordance with each violation of the 3-yuan standard charge service fee (Tianjin workers can be members of the supermarket member points deduction , the standard for every 100 points deducted 1 illegal service charges. Please cooperate with me. Meanwhile, a lot of people came to pay the fine. Mr Flexor has made 11, each of which received a fee of 3 yuan. "There was no handling fee for these 3 dollars in the past year," he said. He didn't understand it. Reporters noted that each of the fine supermarkets are issued a small ticket, showing the "penalty handling fees", the unit price of 3 yuan. For why to increase the fees, a staff explained: "This is the company's uniform rules, you can use the loyalty points deduction, the specific situation we do not understand." If you do not want to pay can go to the bank, see your own convenience. "The reporter searches on the internet about the Tianjin Works supermarket collection traffic illegal fine content discovery, last December, a Tianjin city media had reported that pays the traffic fines to the Tianjin work supermarket, was told" pays the fine, first buys 10 bottles yogurt or the equivalent fruit ". To this, the family lives Nankai District Zhang also confirmed to the Reporter: "last year went to the Tianjin work supermarket to pay the traffic fine, unexpectedly let me take care of them business, bought a pocket mango." "Supermarkets respond to not breaking the law as the largest community supermarket chain in Tianjin, the city government to promote the convenience of business into the community work, Tianjin supermarket become a leading enterprise." Unlike Wal-Mart, Carrefour's hypermarket and other small supermarkets, the Tianjin-work supermarket is an anomaly, and it even declares that it is not a retail company, but a service company aimed at creating a "social one-stop service" that attracts customers and enhances competitiveness through a variety of personal services. It works with the state grid to collect electricity bills, to sell train tickets in cooperation with the railways, and to work with the Tianjin branch of China UnionPay to pay mobile phone bills and fines for traffic offences through POS machines in stores. In that case, why is a charge of 3 yuan charged for traffic offences? Today, the reporter called Zing Supermarket headquarters, an integrated department of people said no longer accept media interviews. He said he had received a media interview as an external response to the headquarters. Zing Supermarket at that time the response is as follows: "The collection of traffic illegal fines, Tianjin supermarket stores to increase the number of staff, to the normal operation of supermarkets, shopping brings great pressure, staff costs also increased." To this end, the company decided to charge a 3 yuan fee per fine. This 3 yuan is a normal service charge, which is neither unlawful nor illegal. "In fact, JinThe supermarket has a long time to communicate with the management department. "An insider today to the legal daily," said the reporter, with the increase in traffic offences, the supermarket this aspect of the workload more and more heavy. Supermarkets hope that the department can pay a certain fee to the supermarket, but the regulatory authorities refused, the reason is that the fine directly to the State treasury, not to the regulatory authorities. "In fact, collecting fines is not any income, just less." The person said, the supermarket collection of fines, can receive a few per cent of the fees, and this most of them to pay UnionPay, the last left to the supermarket only 1 per thousand left. "The supermarket staff a busy, equivalent to pay UnionPay work." "" and the supermarket charge is not charged fees, the reason is that the electricity company will give the supermarket part of the service costs. The insider explained. Experts think who commissioned who to pay so, the supermarket collection traffic illegal fines, plus 3 yuan fees, whether the price department recognized? What is the management's view? The reporter calls the Tianjin Municipal Price Bureau 12358 Hotline, a staff member said, the charge did not pass the certification of municipal price Bureau, whether legitimate and reasonable also need to go through with the supermarket and related experts to communicate and consultation can be defined, before the public can pay a fine at other places of payment. If it is finally defined as an illegal charge, a refund will be made for the people who have already paid the fines. And the reporter then dialed the Tianjin Municipal Bureau of Convenient Consultation hotline. A staff member said, for the Tianjin supermarket collecting traffic illegal fines for another charge of handling charges and the administration has no relationship, the money collected will not be handed over to the management department. Is there any legal basis for supermarkets collecting traffic fines and charging fees? In this regard, Nankai University Law School professor Wan believes that the supermarket to accept the levy of traffic illegal fines belong to the obligation, "in the entire process of commissioning even if the cost should be entrusted to bear, that is, who entrusted to pay." "And each sum of 3 yuan price, Wan think is no basis," today received 3 yuan tomorrow may be 5 yuan, with very large randomness. There is no contractual agreement, no legal basis, at least an irregular act. "" Because the transport participants can choose to pay fines to the Tianjin supermarket, but also to the bank or the regulatory department to pay, three ways it is free to choose. Therefore, from the point of view of contract law, the traffic participants who have been charged a fee are entrusted with the supermarket, that is, the transport participants entrust the supermarket to transfer the fines to the traffic management department. "Tianjin lawyer Wang Hua that this behavior is the true meaning of both sides, should be legal and effective." Wang Hua also said that although the 3 yuan fee is not high, but related to the interests of the people can not be ignored. He hoped that the relevant departments would take this as an opportunity to enhance the level of administrative services, implement the principle of administrative huimin, and put the interests of the masses in the most important position. (This newspaper Tianjin January 9, Xinhua reporter Wang Duodou intern Song Coyu)