Study On The Legal Problems Of The Third Party Logistics Contract

In the1980s, the third party logistics began to develop booming worldwide. Due to the rapiddevelopment of the world economy, China’s economy is entered in the fast track. The early1990s,third-party logistics developed gradually in our country. It has been slowly replacing traditional,single-logistics. Third-party logistics is now becoming the most important commodity circulationmode in China’s market economy.The continuous development of third-party logistics industry leads to make legal system ofthird-party logistics contract more perfectly. The main legal form of third-party logistics is to signthe third-party logistics contract. However, due to the broad and complex of the third-party logistics(including warehousing, transportation, processing, distribution and other sectors), it have itsown characteristics compare with the ordinary civil contracts or commercial contracts. Sostudying on the legal characteristics and the legal relationship of the third-partylogistics contract deeply can help us to find the appropriate adjustment of the rights and obligationsof the legal, which is provided an important legal safeguard for the development of third-partylogistics. This article studies from the following five parts of third-party logistics contract, andsuggests how to improve the legal system of third-party logistics contract in China.The first part of this paper start from the history of the development of third-party logistics,pointing out the importance of third-party logistics contract signed in the activities of third-partylogistics, and also pointing out that it is not exactly the same as the contract of an ordinary civil andcommercial contracts, it has its own legal characteristics. That is the third-party logistics contract isa comprehensive service contract, is a double-service paid contract, is an exemplar contract, and is amaster-slave contract.Second part of this article analyses form the subject, object, content of the third-party logisticscontract to sort out the legal relationship of third-party logistics contract. It is including the threelegal relationships, which is a general legal relation of third-party logistics services, principal-agentlaw relationship, intermediary or the legal relationship of the broker.The third part of this article, after analyzing the theoretical of third-party logistics contract, thissection is main to study on the developed status of third-party logistics, which is the United Statesand Japan and than summed up the experiences that can be used in our country.The forth part of this article is carefully researching and analyzing of our country’s third-partylogistics contracts and pointing out the gap between China and developed countries. The fifth part of this paper pointed out the risks and shortcomings of third-party logisticscontract encountered in China and than give many effective suggestions for it.