Logistics Express Industry In The Development Of Legal Thinking

With the rapid development of modern commerce, the modern logistics has also gradually expanded, as well as the private express industry in China. However, due to many restrictions to the development of express industry, coupled with its lack of development, the express delivery industry can’t grow enough. To sum up, three factors affects the system construction of the private courier industry:Firstly, the postal monopoly system limits the scope of business of the express delivery industry; Secondly, postal regulatory regime is not transparent and just, hinders the private courier industry market development; Thirdly, postal market access system is much too strict while register system is accorded with "lenient entry, strict control" trend of world market. The experiences of the world postal and express industry development, especially America and Germany, are very essential for us to rebuild the system of our express industry. In order to promote the development of the private express industry, the "Postal Law" will be modified at first, and make the postal monopoly range contraction, the regulatory regime improvement and gradual transition of specific legal provisions to be possible, it will help the private express industry development in accordance with the law.This article is divided into three chapters.Chapter One describes the express industry of the logistics in modern commerce and is divided into three sections. The first section is the models of the logistics; Section II is development history and current status of the express industry. It emphasizes the whole development history of Chinese express, the development history of the private express industry and its status. Section III focuses on the problems of the development of the private express industry, including the external competition issues and their own problems, including four aspects:capital, business management, technology application and the operating mode.Chapter Two introduces the development of the postal monopoly and the private express industry and divided into three sections. The first section is the theoretical basis of the postal monopoly, including universal postal service and the relationship between the universal postal service and postal monopoly; Section II recommends the development of the national postal monopoly and the private express industry, mainly America and Germany; Section Ⅲ introduces the Postal franchise and private express industry development, the historical conditions of the postal monopoly system, the reality of China’s postal monopoly status and the development of the private express industry.Chapter three is lawful thinking about the private express industry development and di vided into three sections. The first section is standard postal monopoly business scope reasonably, including meaning of retaining the postal monopoly system, referring to foreign franchise system; Section Ⅱ is the regulatory system improvement, including the principle of determining the regulatory regime and the problems of China’s regulatory system and improvement; Section Ⅲ is the need for the guidelines doctrine transition, including the historical conditions of adopting license regime, the necessary to transit to register regime. And in the last, we need these system ideas to be regulated by relevant laws.