Logistics Business Sales, Legal Risk And Responsibility And Prevention Research

Modern logistics business is generally considered a "source of profits in the third,It plays an important role for the economic development.In market economy conditions,most of the commodities are in a buyer's market,the sales aspect has become the key aspect of socio-economic activities;and distribution logistics has become the most important one type of enterprises logistics.In practice,it has also the most disputes and legal risk in the distribution logistics.First of all,it's necessary to carry out a general study of logistics law, which is the foundation of the research for legal risks and assume responsibility in logistics activities;to be followed by the analysis of the rights and obligations between the legal relationships of distribution logistics.This will help to explore the legal basis and accurate positioning for resolving the conflict and help sort out responsibility to guard against the risk of legal logistics.The legal relationships of distribution logistics, including the main contract for the sale of legal relations and relations between the contract logistics services,enable them to the seller,buyer and third-party logistics companies together in series.On the legal risks inherent in the obligations,of any party to the non-performance, inappropriate discharge or performance of delay will affect the corresponding rights.China's "Contract Law" and "the United Nations Convention on Contracts for International Sale of Goods" in line to a large extent,are detailed in the contract for the sale of the rights and obligations of both sides;for the legal relationship of the contract logistics services,the most important is to analyze the main rights and obligations of the contract of carriage.These have the most direct effect on the legal risks and assume responsibility in distribution logistics.In the whole distribution logistics process,as a result of the main of legal relationship between the contract in violation of the agreement or logistics law,and force majeure,accidents such as third-party factors,led to the fulfillment of the contract took place in the risk of controversy and endless,which is the largest concentration of delay of goods and loss or damage in the delivery.Production or distribution companies in the supply chain are both the seller and the buyer,in a buyer's market environment,in order to complete the delivery arrangements for the transport of goods to assume the obligations of the seller often.Therefore,by the seller of visual-based,to analyze the risks and assume responsibility for the issue has practical significance.Risk transfer of cargo and distribution logistics are inseparable,to resolve the dispute can not be separated from the analysis of risk transfer,even can not be separated from the analysis of the carrier involved in the logistics legal relationship.China's "Contract Law" from the "Convention",adopted the "delivery" of the principle of law, except the otherwise provided in law or agreed by the parties,to identify the boundaries of the burden of the risk on the parties to the sale of goods destroyed or loss.Need to distinguish,in the freight contract,the carrier without exemptions for the goods destroyed and loss,assume responsibility, rather than the burden of risk.In practice,there are a large number of the freight contract delays in the fulfillment which led to delay in delivery of the sale contract,therefore, focus on two co-exist to fulfill the contract delay when the typical research to breach the legal risks and assume responsibility for breach of contract issues.The delay in the carrier for breach of contract,and other responsibilities and carry out the shipment was destined for the loss or damage,according to the principle of strict liability attribution.The carrier to assume responsibility for the loss or damaged goods,amount to a breach of duty and infringement of the competition to choose a different responsibility that will lead to different legal consequences.This article holds that the main body to request the right to claim damages towards the carrier is of the shipper or the consignee to the risk of loss or damaged goods is transferred to a standard.Commissioned by the seller in the transport,the right to request damages is claimed by the shipper before the transfer of the risk of damages,and is claimed by the consignee after the transfer of risk.The main body to request the right to claim damages towards the carrier for the tort liability,can also be the owner of the goods outside of the main shipper or the consignee.Distribution logistics business risk prevention should be a macro-environment of the logistics and micro of the enterprise distribution logistics legal efforts to improve both.Including the establishment of a sound macro aspects of the market economy legal system of logistics, domestic law and international conventions,international practice in line, to strengthen the logistics market access,regulation and supervision;guide the development of logistics liability insurance;the Government to promote the logistics of the provision of public goods.These norms of behavior for logistics,logistics improvement in the quality of provision of basic security, logistics improvement in the quality of the final will be to reduce risk.The micro aspects,including the full attention of the contract to be the principle of autonomy,agreed the use of priority interest to grasp thepoints agreed by the parties,full faith and its obligations under the contract;requirements for the logistics enterprise to fulfill the contract of logistics services to provide money to guarantee the security-oriented;improve insured transport and insurance model of the design choices.All this is bound to lower enterprises distribution logistics in the legal risk.