Research On The Civil Liability Of The Logistics Operator Of Our Country

With the thriving of the modern logistics, logistics industry has made rapid development in our country, however, the existing logistic legal system is out of keeping with the rapid development of the logistics, many defects of the logistics legal system are appeared constantly, and especially in the identification of the civil liability of the logistics operator. The logistics operator provides sets of integrated services included transportation, storage, packaging, processing, handling and carrying, it is often in multiple legal relationship, but how to define the legal status of the logistics operator did not have the clearly rules; and that the logistics contract in our country still be nameless, the rights and obligations of the logistics operator are not clearly ruled yet;additionally, logistics activity has numerous links that including multiple legal relationships, while relevant legal provisions lack of coordination, etc. These series of questions caused the parties of the contract struggle to find suitable provisions to protect their own rights in logistics disputes and the judge applies the provisions also has many inconvenience, then, it is greatly difficulty to identify the civil liability of the logistics operator. So, this article considers, firstly, the legal status of the logistics operator should be clearly defined; secondly, the rights and obligations of the logistics operator should be clearly ruled in the law; thirdly, the logistics contract should be realized famoused, it should be as a kind of independent type of the contract in The Contract Law, so that the civil liability of the logistics operator can be clearly identified and beared; besides, aiming at the concrete problems in practice such as the period of liability is hard to determined and the limitation of liability is not admitted should be solved by explicitly stipulating the period of liability and admitting the limitation of liability. Through the measures above-mentioned, I hope it is good to resolve the difficult identification of the civil liability of the logistics operator and hope that it is helpful to perfect the civil liability system of the logistics operator of our country.Except the preface and the epilogue, this article is divided into five parts:The first part the logistics operator and analysis of the legal relation of the logistics operation. This chapter defines the concept of the logistics operator firstly, that is the logistics operator refers to the enterprise, individual or other organizations; and then briefly analyzes the legal relationships between the logistics operator and the demand side of the logistics and between the logistics operator and the actual performer of the logistics, that is the relations of the logistics operator and the demand side of the logistics and the logistics operator and the actual performer of the logistics are all in authorization and being commissioned, however, the demand side of the logistics and the actual performer of the logistics have no direct legal relations.The second part the civil liability and the basis of the logistics operator. This chapter put forward the civil liability of the logistics operator refers to the adverse legal effect to the demand side of the logistics for violating legal and conventional obligations, because the logistics operator provides logistics services to the demand side of the logistics on the basis of the logistics contract, so this chapter researches the liability for breach of contract of the logistics operator.The third part the identification of the civil liability of the logistics operator of our country. This chapter proves the necessity of identification of the civil liability of the logistics operator of our country firstly, secondly, discusses the problems of civil liability of the logistics operator in legislation and in practice. Just for legislation, the main problems are the legal status of the logistics operator lack of ruling clearly, the nature of the logistics contract is not clear and the main logistics contract and the subordinate logistics contract can not realize seanless docking; but just for the practice, the primary problems are the basis of the libility is not clear, the rights and obligations of the logistics operator is not clear and the period of libility lacks of legal rules. On the basis of these, analyzes the reasons of the problems above.The fourth part the countermeasure of identification of the civil liability of the logistics operator .This chapter will put forward the concrete suggestions from three aspects, that is defining the legal status of the logistics operator, and explicitly stipulating the rights and obligations of the logistics operator, and making the logistics contract famous.The fifth part specifically bearing of the civil liability of the logistics operator. This chapter will elaborate the problem from four aspects, that is how to bear the liability when the logistics operator finished the logistics operations alone, how to bear when the logistics operations are subcontracted, which excusatios the logistics operator can enjoy and which problems should be attentioned by the logistics operator when bearing the civil liability in judicial practice.