A Study On The Legal Issues Relating To The International Logistics

With the increase of the global competition and the rapid progress of the IT technology, the science of Logistics has become one of the most influential subject of the 21st century. Since logistics is regarded as the 3rd origin of profit to lower the cost in the practice of the advanced countries, our government and the enterprises have paid much more attention than ever before to the theory of Logistics after the its introduction into China. Being the concentrated expression of the specialization of logistics, 3rd party logistics is becoming the highlighted hot spot and is drawing more and more attention. And of course, what accompany the development of this new industry are some related legal problems. The main purpose of this dissertation is to help to remove the legal barrier to the development of the international logistics industry, especially 3rd party logistics, in our country; to solve related legal problems in practice on the basis of conventional civil commercial laws; and to put forward my point of view about the new legal problems incurred by international logistics and the legal definition of them. With this dissertation, I hope to do some good to set up the legal system of the international logistics industry.This dissertation will mainly discuss the following four aspects: The first chapter discusses the background, current situation and existing problems of the international logistics industry. The second chapter discusses the present conditions and shortcomings of the legislation in our country on logistics industry. Because the existing different ideas and points of view, I suggest in the dissertation to set up a macroscopic legal system for international logistics industry, including the law of the management of international logistics industry, the law of the involved parties in international logistics industry and the law of international logistics service contract; and based on mis framework discusses the intension and extension, current situation and shortcomings of the three of the above mentions laws respectively. The third chapter is the highlight of this dissertation. By analyzing the characteristics of 3rd party logistics contract, I emphatically discuss the legal status of 3rd party logistics providers and the legal clarification of their types, together with the system of responsibility of 3rd party logistics providers, which includes the existing period of responsibility, the contents of responsibility, the principle to make clear the responsibility, exempt from responsibility, the limit of responsibility and the insurance system of the responsibility.The fourth chapter brings out my suggestions of how to improve the legislation about the management of international logistics industry, and discusses the trends of logistics related policies and regulations after China's entry to the WTO. In the conclusion, I prospect the future of the logistics industry in China: with the related policies and regulations coming into being, the logistics industry will surely have a brilliant future!...