The Study On The Civil And Commercial Legal Relationship Of The Third-party Logistics

Along with the economic globalization, with the rapid development of the information technology and the careful division of the labor in society, the third-party logistics come into being as a brand-new form. The extension and connotation of the 3PL has been enriched and extended. The modes of the service consist of program-related, management-related and both program and management-related. These include the operation, organization, coordination and management of the logistic activities; the designation and implementation of the logistic plans; the development and application of the logistic information and also the selection and supervision of the suppliers. In the light of the diversification of the modes of the 3PL, the juristic relationships tend to be more and more complicated. Whereas the relevant legal norm hasn't been provided to restrict the 3PL acts in China. The legal relationship of the 3PL in the civil and commercial law is widely discussed in this article through the theoretical and practical analysis, demonstrating and specs analysis, deductive and comparative method, with the theories of modern logistics, civil and commercial law and etc. In the first, the third party logistics is explained in term of law. By this means, the 3PL characteristics of law, inscape in legal relationship, operation modes, and the legal position of the 3PL operator are clearly annotated. In the second, thesis analyzes the law characteristics of the 3PL contract under the 3PL civil and commercial legal relationship and introduces the mechanism of the 3PL contract in the perspective of transaction cost. In the third, author lists out the rights and obligation in the civil and commercial legal relationship, and points out the possible legal hazards in the operation and put forwards some effective measures to prevent the risks with the help of current law. In view of the present situation of the 3PL law, there are still some restricting factors impairing the 3PL development in China. This paper calls for the immediate perfection of the 3PL according to the marketing economic rules and practical developing requirement, and insists that the modern logistics development lies on pilot and support of the government policies. Last comes the designing clue of the 3PL law system establishment: 1st period--spend 2 to 3 years to set out the comprehensive policies like National Logistics Development Compendium to advance the growth, 2nd period--spend 3 to 5 years in establishing the primary modern logistics developing policy and law system; 3rd period--spend 10 years or so in setting up a comprehensive set of law named LOGISTIC LAW to guide the development of the modern logistics.