Legal Research On Governmental Regulation On The Third-Party Logistics Market

As the economic globalization accelerates and science and technology develop rapidly day by day, the modern logistics industry praised as "the last black continent of economical circles" by Peter Drucker is developing rapidly extensively in the whole world, which can reduce the production cost, improve the industrial structure, enhance enterprise's core competitiveness and improve the national economic benefits. Consequently, developed countries successfully construct the system of governmental regulation meeting national third-party logistics industry development and carry on appropriate intervention in the place of logistics market failure, which becomes gradually effective. Though our country's third-party logistics market grows vigorously and the scale is expanding, many exiting problems especial the governmental regulation restrict the further development of logistics industry seriously, which can't solved irrationally will become the external bottleneck of constraining depth development of the third-party logistics market finally. Therefore, systematically analyzing governmental regulation on the third-party logistics market from the legal angle undoubtedly has a great theoretical and realistic significance for promoting the development of the third-party logistics market and reforming governmental regulation system. According to the principle of combination of theory analysis and empirical investigation together, this text discusses some basic theoretical problems of the third-party market and governmental regulation on the base of logistics and law knowledge and summarizes some characteristics and it's reference meaning through carrying on comparative analysis on the system of governmental regulation on the third-party logistics market in developed countries such as America, Europe and Japan, etc. and then, it investigates our county's system of governmental regulation on the third-party logistics market in use of developed country's governmental regulation experience and advantage in order to look for a construction way of the system of governmental regulation on the third-party logistics market meeting to the actual condition of our country's logistics market development.This paper is divided into six parts together including preface, conclusion and the body.Part one is the preface part, which mainly introduces the intention, literature survey, purpose, significance, logic thinking way and analysis method of legal research of governmental regulation on the third-party logistics market, etc.Part two is the basic part of governmental regulation on the third-party logistics market, which generally analyzes it from two subjects of logistics and law science. This part annotates the intension and extension of logistics from international and national definition of logistics at first. Then, it dissects the meaning of third-party logistics in an all-round way and points out the foothold of the article—market of narrowly-defined third-party logistics. At last, it carries on concrete analysis on the legal characteristics of complexity, contact, independence and benefit of the third-party logistics and legal nature and legal relationships of the third-party logistics market.Part three is the part of theoretical foundation of governmental regulation on the third-party logistics market, which mainly explains the meaning, reasons and other aspects of governmental regulation on the third-party logistics market. First of all, this part points out the role of government, economic powers and value of governmental regulation on the third-party logistics market on the base of analysis of the meanings of governmental regulation on the third-party logistics market. Subsequently, it analyzes the legal risks of the third-party logistics market and value goal and legal reasons of governmental regulation on the third-party logistics market from subjective and objective aspects. Finally, according to market failure theory it explains and analyzes the economic reasons of governmental regulation on the third-party.Part four is the comparative analysis part of the system of foreign governmental regulation on the third-party logistics market, which has introduced the concrete systems of governmental regulation on the third-party logistics market, such as America, Europe and Japan in detail. In order to carrying on more centrally comparative analysis to the system of foreign governmental regulation on the third-party logistics market, this part compares and analyzes it from four visual angles of regulating basis, regulating fields,regulating enforcement agency and logistics institute. On this foundation, it summarizes the characteristic of five respects of governmental regulation on the third-party logistics market in developed countries and reference meaning to our country.Part five is the part of empirical investigating and concretely constructing the system of governmental regulation on the third-party logistics market, which puts forward several perfecting suggestions and measures in view of some problems of governmental regulation on the third-party logistics market. On the foundation of the above parts, this part reviews the course of our country's governmental regulation on the third-party logistics market and briefly evaluates and analysis the three stages and then points out defect and deficiency of four major respects existed in the system of governmental regulation on the third-party logistics market at the present stage. After that, this part explains the way and concrete measures of perfecting the system of governmental regulation on the third-party logistics market.Part six is the end of this text. In order to make the system of governmental regulation on the third-party logistics market become riper and further complete, this part points out the further researching problems of governmental regulation on the third-party logistics market on the base of brief aggregating and summarizing on the full text .