Research On Legal Status And Legal Responsibility Of Third Party Logistics Service Provider

With the rapid development of global economics, the competition between the enterprises is fierce. This provides conditions for appearance of third party logistics. The technology of third party logistics has become the powerful arm of the enterprises to lower the cost and raise the competitiveness. Third party logistics has a fast development in the support of government in the latest twenty years and kinds of logistics companies and logistics centers are emerging. However, what accompany the development of third party logistics are some related legal problems which law in force can't solve. There is even no explicit legal status for the operaters in third party logistics activities, which limits the development of third party logistics industry in our country. The main purpose of this paper is to help to make sure the legal status of third party logistics service provider on the basis of conventional civil commercial laws; to solve related legal problems in practice; and to put forward my point of view about how to assume responsibility of third party logistics service provider and the content of the legal responsibility. With this paper, I hope to do some good to perfect the laws of third party logistics.The main body of this dissertation is divided into three parts: the first part discusses the background, characteristic of third party logistics and related definition; the second part introduces theories about the legal status of the logistics service provider and gives my opinion on its status in the situation of lacking of logistics legislation, tries to set up a system of assuming responsibility on the basis of analysing the logistics contract detailedly which has relation to the position of the logistics service provider; the third part discusses the liabilities for breach of contract of third party logistics service proveider, including the doctrine of liability fixation, the form of liability, the exemption, the contents of liability and the limit of liability; the last part brings out my legal suggestions of how to increase the further development of third party logistics and improve the legislation about third party logistics, and we should provide a good environment of the legal system for the healthy development of third party logistics by the directing of policies, effective management and the leading of the institute of logistics. With the related policies and regulations coming into being, the logistics industry will surely have a brilliant future!...