Research On Legal Responsibility Of Logistics Service Provider And Risk Precaution

Today, developing logistics has become a fashion. Logistic sevice providers (LSP) are working in a more complicated environment of responsibility compared with traditional freight forwarders. And now there isn't any international or domestic law to regulate the rights, liabilities and responsibilities between the LSP and custmers, different parts in logistics procedure has to apply different laws. Because the traditional cargo transportation law of our country lacks harmony and unification, the active laws would certainly affect the smoothly developing of logistics if they are not adjusted accordingly.The concept of logistics has been introduced to China for a twenty-year history. The researchers of our country have done much research on logistics about its concept, meaning, developing history and professional theory, but there is a very lack of the research on legal problems of logistics, and the laws and regulations of logistics are urgently need to be amended to be mature. In order to make long-term economic benefit for LSPs, it is very necessary to earnestly study and well orient the legal relations in logistics management, to analyse the legal responsibilities, accordingly implement effective method of risk prevention.The main body of the paper is divided into three parts:The first part, starts with the general theory of the legal responsibility of LSP, and analyses the various legal relations the LSP attends and his legal positions;The second part, studies the legal responsibilities of the LSP. Because there is not a uniform international or domestic legislation about logistics, and the relevant laws and regulations of every parts of the logistics are very different, especially because the particularity of the "maritime law", there are many problems on confirming the LSP's legal responsibility. This paper makes analysis on the problem refering the "maritime law", and discuss about how the LSP stipulates his responsibility in contacts and prevent risks;The third part concludes and summarizes every kind of responsibilities and risks existing in the management of LSP, discusses the detailed method of LSP's risk precaution.On basis of analysis, the author firstly appeals the special legislation on logisitcs industry to make clear the rights and liabilities of every side in logistics management.Secondly, suggests harmonizing and unifying the current relevent policies and laws of logistics industry to smooth the system. Lastly, suggests setting up industry supervise of logistics, in order to harmonize and regulate the movement of logistics enterprises and promote the healthy development of logistics industry.