The Research Of The Third Party Logistics' Problems On Civil And Commercial Laws

With the pace of the deepening of economic globalization and the computer the rapid development of information technology, traditional logistics have been far from meeting the needs of economic development. Logistics concept of the emergence of new content, that is, in the form of modern logistics. Third-party logistics as a major manifestation of modern logistics and commitment, the development of modern logistics in China is the trend.Throughout Europe and the United States on the status of third-party logistics development, we can find a third-party logistics of the logistics industry and the national economic development played a positive role. Therefore, the third-party logistics enterprise is honored as the enterprise development"the accelerator". Compared with traditional logistics, third-party logistics services provided are simple transportation, warehousing and other individual activities to a more extensive and comprehensive logistics services. Third-party logistics services in the process of innovation through the creation of the logistics functions of a new value, known as "the third source of profits", a "21st century gold industry" and "growth in the money tree" reputation .Compared with traditional logistics, third party logistics in the process of development is obvious characteristics of the times. It is the function of logistics activities of the co-ordination and integration of logistics services for the pursuit of the optimal overall. In the provision of services in the process of third-party logistics enterprises and between enterprises, formed a new habitat of the symbiotic relationship between the strategic alliances. However, with the ever-changing third-party logistics practice compared to most of China's logistics law or from a planned economy inherited from the period, there timeliness of poor, non-operable, the lack of systematic and professional, and other defects. The legislation has been lagging difficult to adapt to the changing needs of the economic base, between the two incompatible lead to the practice of logistics in a lot of legal issues. Focus on the issue, a third-party logistics breach of competition rules and accountability mechanisms lack of a clear legal requirement that third-party logistics enterprises to compete in what capacity, the manner in which to compete and how to take responsibility, also in practice There are different understanding. This is very detrimental to the health of third-party logistics business development.Participates in the competition to the third party logistics enterprise the status recognition, in fact is the question which recognized to the third party physical distribution enterprise's legal status. Academics on third-party logistics companies the legal status of that there are still large differences. Judicial practice of third-party logistics enterprises in the legal status of the finds that are mainly based on breach of contract to confirm the link, that is in default on any part of the legal steps where applicable. Situation in China under the rule of law, such rights and interests of the operation is relatively strong. But this third-party logistics and the overall logistics concept is contradictory. There is a need for third-party logistics enterprises in the status of re-positioning. As third-party logistics through the logistics for the overall management and supervision of logistics outsourcing entities to achieve, so third-party logistics enterprises in fact bear a contract logistics operator role. Of course it can also personally completed logistics activities, thus acting as the actual logistics operators role. TPL is the way to compete with the signing of third-party logistics companies, contract. Third-party logistics contract, including a variety of well-known the content of the contract, such as transportation contracts, storage contracts, Contracts of bailment, Middleman contracts and intermediary contracts. However, with a third-party logistics different from the traditional logistics of the unique nature, therefore, a single contract or above its simple addition and subtraction has not fully included the contents of third-party logistics contract. Third-party logistics of the legal nature of the contract should be re-recognition that third-party logistics contract should be a whole contract, the contract is not above the famous mechanical addition and subtraction, its target is to provide co-ordination of logistics services.To the third party logistics enterprise's violation responsibility's investigation, is mainly realizes through the responsibility foundation. Including the attribution of responsibility based on the principle of responsibility, responsibility, duty exemption and limitation of liability and so on, and the principle of attribution of responsibility is the core of the system. Compares with the traditional physical distribution, the third party logistics liability system had some new contents. Logistics practice, in order to fight Lane business, logistics enterprises often receive a lot of harsh conditions, even when the liability waiver can not stand, resulting in third-party logistics enterprises in the "no liability waiver and no limitation of liability." In the practice of these practices in the effective protection of the interests of corporate clients, while increasing the responsibility of third-party logistics companies, has expanded its business risks, so it is necessary to seek unlimited liability and limited the balance between the responsibilities. Meanwhile, in order to effectively spread the risks, third-party logistics must attach importance to the role of insurance.