On Construction Of China’s Logistic Private Legal System

China’s logistic legal system is an issue of vast domain and great complexity. In the view of the current research of the logistic legal system, such as the issues of the relative weakness of accumulation, the lack of achievements, and the failure of constructing the logistic legal system as a systematic and innovative theoretical support, I choose the private law of the logistic legal system as my subject conducted through the methodological perspective on which the logistic legal system is based.On the content and structure of my dissertation, I make a division of the logistic legal system as internal part and external part based on the duality of the legal system. The external part refers to the system of logistic concepts and regulations which are abstracted from the daily life on logistic level; the internal part is the fundamental value system which reflects the intrinsic relation of the logistic legal system. Thereafter. Dogmatic of law analysis is adopted to the study of the external system, while, the Systematic Theory is used to build the internal structure of logistic legal system which grasps the basic principles of logistic legal system. Then the unified International Legislation and the unified logistic law theoretical modes designed in the former parts are validated by the empirical research method.Meanwhile, the dissertation lays out how to construct empirical research framework of China’s logistics law. Finally, I converse the construction paradigm from the interpretation of constructivism (Legislative centered) into the induction of evolutionary doctrine (judicial centrism). The dissertation proposes to go beyond systematic thinking so that to base legislative process on the practice of judiciary and logistic activities. In the situation of legal pluralism, logistic law can be enriched through practicing and compromising the improvement of the logistic law into the legal culture or even the highest cultural form--philosophy, which enhance the growth of the logistic department law on philosophical perspective.This dissertation is intended to solve problems existing in the logistic legal system of China in several ways during the process of argumentation:First, proposes two options to establish the responsibility system of logistic law:the Principle of Liability for network responsibility system and the Third Party Logistics Contract, a new type of contract, which namely transforms the Innominate Contract to Named Contract. Second, unifies the legal responsibility in the logistic system of transportation, transportation and non-transportation into two modes:the mode of the common rule in the logistic legal system abstracted from the fundamental properties of the logistic activities (Contract for Work); the special rule (Maritime special rules the field specification) under the guidance of a unified model. Third, proposes the requirement and feasibility of establishing the engineering model of the logistic legal system. Forth, forms the perspective in accordance with logistic law to solve thorny cases in judicial practice.