Analysis On The Legal Issues Of The Logistics Service Contract

Logistics management was originated in the Great Britain in the 1860s. Generally speaking, the so-called logistics management belongs to the scale of private law. It refers that the owner sets up the management organization to do the self-management through make the management regulations. Its nature belongs to the membership right in the ownership of the buildings distinction. In the highly developed economic society, it is impossible for the owner to do the management by himself. The management of logistics must be trusted to the professional organization. Logistics service contract is signed by the owner and logistics service enterprises. The logistics management enterprises provide the service to the owner and the owner pays the corresponding reward. Logistics contract is the core of the logistics management system.According to different criteria, logistics service contract can be divided into several types. This paper will focus on the logistics service contract based on logistics public business management. As a type of the civil contract, logistics service contract has the characteristics of commitment, being paid, having two business and continuation, etc. There is no such type of contract in the contract law in China independently. It is a new type of service contract in nature.In the recent years, many household logistics management conflicts appeared. As a new type of case, its hearing becomes more difficult. In addition, the current law and regulations lag and lack the corresponding support of the theoretical system, thus there are many problems in the trial practice:The first issue is the lawsuit subject in the logistics service contract dispute. In the self-ruling management system of the owner, the owner includes the single owner, the mass meeting of the owners and the owner committee. If the logistics service contract only covers the specific owners or the single or the part of the owners'interests is impaired, the specific owner can sue with their own names. When there is only one owner in the logistics plot or there are only a few owners who do not agree to form the owner meeting, the owner can sign the logistics service contract directly with the logistics service enterprises. The owner is the subject of the logistics service contract and the lawsuit. As for the public business in the logistics management plot, the court will reject the lawsuit if a single owner prosecutes. However, in the practice, if the single owner gains the agreement of the owner meeting and as the representative, he can prosecute. Generally speaking, the user of logistics is not the party concerned in the logistics management conflicts. In practice, the user of the logistics can be the party concerned in the following four situations: the user of the logistics signs the contract with the logistics service enterprise directly; the former has formed the actual service relation with the latter; the former hands in the service fee and the former violates the'logistics management regulations'and proprietor convention. The form of performing the duties for the owner meeting is the convention. It does not participate in the civil activities or own their own property, so it does not conform to the condition for establishing subject of the civil lawsuit in China; the owner committee id composed of the representatives of the owners in the logistics plots and it represents the interest of the owners. As an independent organization, it has the following two characteristics: first, it must be registered; second, it can perform the acts by name of itself, including signing the logistics service contract. It is not the legal person or the non-legal person organization. Therefore, it has not the qualification of being the subject. Although in the article 2 in the 83rd term of'owning right law', the owner meeting and owner committee has the management right, it does not suggest that they have the right of lawsuit for the management items. As long as the civil subject status of the owner group is set up, there will be a smooth lawful relationship.The second issue is the establishment of the agreement of the owners. The logistics service contract is signed by the owner committee and it is the owner who enjoys the right and obligation. Since the owner meeting endows the right to the owner committee and the content of the contract will be approved by the discussed by the owner meeting, the contract has some restrain force to the owners. The idea of the owners is shown in the ballots in the owner meeting. The clarification and performance of the voting right of the owners is related with the verity of the idea of the party concerned as well as with the effectiveness of the contract. It is a basic issue in the logistics service contract. For the voting right of the owners, viewing from'logistics management regulations'and'owning right law', the head is regarded as the reference of the voting, that is, one person has one voting right. Though one person has many houses with independent ownership in one plot, he only has one voting right. The user of logistics conforming to such conditions can enjoy the voting right; for the unsold house property and that is not handed to the purchaser as well as that has been handed without dealing with the ownership license, the owner has the voting right.The third issue is the dispute of the service fee in the logistics service contract. The dispute of the logistics service fee is produced due to the quality of the house, quality of logistics service, the neighborhood relationship and other reasons. The responsibility for putting to the proof should be taken by the owner. In addition, logistics service enterprises can not refuse to provide service with the reason to perform the counterplea right; under the situation that the logistics service has shortcomings, the owner can deal with this problem according to the regulation in article 67 in'Contract Law', that is, the owner has the right to refuse the corresponding performance demand. On one hand, the owner can not refuse to hand in the service fee with the reason that the logistics service has shortcomings; on the other, the owner has the right to demand to reduce the service fee with the same reason. Meanwhile, for the buildings that are empty for over 6 months, their logistics service fee should be reduced.The fourth issue is the security guarantee business of the logistics service enterprises. There are two common types. The logistics enterprises make the specific person and asset being harmed through their own acts and this is the first type. The second type is that due to not doing anything of the logistics service enterprise, the specific person or the property is infringed. As the organizer of other social activities, logistics service enterprises violate the obligations of security guarantee. They may shoulder the infringe responsibility or the breach responsibility. This will result in the overlapping of the civil responsibility and the obligee can choose the type. The security management obligations of the logistics service enterprises include fire fighting management and the public security management. We can judge whether the logistics service enterprise should perform the security obligations from the following points: first, the security system is docking; second, the security measures are docking; third, the events are accident and unitary; fourth, if the logistics service enterprises have the specific obligations, as long as there are the events that harm the persons and property, they must shoulder the compensation responsibility.Finally, this paper illustrates the reflection resulting from the logistics service contract. Firstly, reconstruct the owner committee according to the market law. Secondly, logistics service contract should be well known and normalized. Thirdly, clarify the belonging of the right and scale of the sharing part. Fourthly, strengthen the regulation for the civil responsibility of the current'logistics management law'.