The Study On Civil Legal Relationships Of Third-party Logistics

Along with the economic globalization, the rapid development of the information technology and the elaborate specialization of labor in society, the third-party logistics have developed well as a brand-new industry form since the1980s, which influences human beings life and will become a pillar industry of China. With the expanding of third-party logistics’extension and connotation, the related legal problems and relationships are being increasingly complicated, as well as the disputes about right and liability. Unfortunately, the law and legal research are silent in front of the growing of this important economic activity. Due to lacking of relevant laws and outdating legal research, the third-party logistics’right can’t be fully protected, which seriously influence and restrict the healthy development of the industry. Now, this era is more emphasizing on breaking the wall of majors and practicing the so called combination of science and technology.The mutual learning of various disciplines will become a motivative to promote the academic, including the legal science. No matter from the perspective of the theory or Practice,the legal science, which is a mature discipline, is supposed to pay attention and respond to it.This paper comprehensively use the knowledge of legal science, management, economics and so on and starts from civil legal relationship.This paper is a systematic study about the status of subject,the character of object and the content of action, attempting to anatomize the behaviour character and legal attributes of this economic activity.At the same time,this paper proposes some advices to perfect the logistics system,with studying the nature, imputation principles, legal risk and prevention of logistic service contract by comparative analysis and empirical studies.Hereinafter the term of third-party logistics means a business model that the logistics enterprise independent of the supplier and vendor provides the logistics service, which defined from the standard logistics terms of the P.R.C. This paper consists of six chapters except for introduction and conclusion.The first chapter comprehensively studies the related concepts, significance and course of history, features and other basic theories of third-party logistics. By comparing logistics with production, circulation、management and other economic phenomena and introducing the way how logistics changed, this part explains the importance and necessity of the third-party logistics.It concludes the multiple parties, business purpose, behavior of providing logistics service and other features of the third-party logistics,which is based on the analysis of the difference between the first party, the second party and the forth party.The first chapter points out that this economy activity actually is a legal action which is guided by the contract that setting the tone of the argument.The second chapter studies the subject of civil legal relationships of the third-party logistics. After introducing different types of the third-party logistics, the author studies and analyzes the features and pros or cons of asset logistics, agent-based logistics and compound logistics as reference to cultivating and guiding the development of third-party logistics subject. At the same time, the author analyzes the identity of client, the third-party logistics trustees of the vendors and suppliers. From the non-vessel carrier international freight agent point, the author analyzes the legal status and risk of logistics operators in the Non-express procuration, then suggests that we should perfect the access mechanism.The third chapter studies the object of the third-party logistics. It argues that the only object is the behavior of logistics service. With the emergence of the supply chain theory, the connotation and extension become more complex and pluralistic. The paper studies the different features of kinds of objects, such as buying and selling, transportation, storage, carrying and unloading, distribution processed, delivery, international freight forwarding, the management and consultation of supply chains. In some ways, it is very revealing about the uniqueness and complexity of the third-party logistics, which becomes more necessary to perfect the legislation.The fourth chapter studies the content of civil legal relationships of the third-party logistics from the logistics contract perspective.This chapter demonstrates that outsourcing is the basic form and designing principles of logistics contract. On the basis of the research of various academic perspective, the author concludes that this contract is a atypical hybrid contract.This chapter also does some studies and investigation on the doctrine of liability fixation and application of law. It sorts out different types of rights and obligations of the client and logistics operators.The fifth chapter studies the legal risk and prevention that the logistics operators will be faced with. By studying a typical case, the author discovers the legal risks of signing or fulfilling a contract in a worse social environment of outdating law, or no corresponding law, and a poor social credit mechanism. So, the author advises that we should improve the skills of internal management of enterprises, establish a good credit relationship, strengthen information management and take other concrete prevention measures.While author analyzes the current situation that the outdating insurance market can’t meet the requirements of the logistics market and the reasons why this happen. So the author propose a new topic that we could foster a well developed logistics insurance market.Based on the above analysis and research, the sixth chapter proposes some advices to perfect the logistics legal system of China.The author analyzes the limitation of existing logistics legislation, and explains the value pursuit and basic principles of logistics legislation. It’s necessary to revise and integrate the contract law and insurance law, in the meantime, government should formulate the outline of national logistics development and promote the constructing of logistics standardization to provide a good legal environment for the third-party logistics, which could contribute to the healthy and regulative development of the third-party logistics.