Legal Liability Of Packing Issues

There is no legislation about legal liability of packing issues in China now. As a result, in our daily life, the packing lot and vehicle owners always have serious disputes: whether there is a custodial contract between them; who should take the responsibility of compensation. Also, different courts make different judgments on the similar situations about the legal liability of packing issues.In the author's opinion, we should solve the problem from the basic civil law theory and the analyses of reality factors (case details). Firstly, to definite the legal relations between all parties. Secondly, to clarify the characters of all kinds packing contracts. Thirdly, to concretize the legal liability of different types of packing contracts by using the approaches of typology. Then we can construct a scientific legislation system of the identification of legal liability of packing, subsiding the mess in this issue, and integrating the judgments of the issue.The author decides to set four parts of this article.The first part is the summarizations of the legal liability of packing lot, including the engender, the definition and the character of legal liability of packing lot. The author considers the legal liability of packing lot as civil compensation liability.The second part is based on the legal character of the parking contract. By comparing the parking custodial contract and leasing contract, author considers most parking contracts in China as custodial contracts. But there indeed are some leasing contracts. So, the author suggests that we should confirm the constitution of leasing contract and then judge the character of contracts by this constitution.The third part of this article divides the parking contracts into consume parking...