Research On The Legal Risks Of Third Party Logistics (Transportation) And Prevention

With coming of economic globalization and development of logistics in21stcentury, the third-party logistics has been unprecedented attention to each country allover the world. As the foundation industry of the national economy, the third-partylogistics has got quickly development within nearly twenty years. It has entered intopeople’s daily life and become the part of life by leveraging the platform of B2B orC2C. Meanwhile it plays significant roles in reducing production costs, enhancing theenterprise’s competitiveness and so on.The third-party logistics has also brought huge impacts on traditional businessfor its distinguishing feature. It is total new business mode or newborn thing, whichnot only erases the boundaries of traditional businesses, but also enables the servicescopes and styles. With research time and theories constraint in the third partylogistics, such legal cases are being increased years by years. So it is very importantand meaningful to explore this kind of topic from the perspective of avoiding the legalrisks of the third party logistics.From the view of the third party logistics enterprises, the purpose of this article isto provide valuable guiding principles and recommendations in contract riskmanagement on the basis of traditional civil law theory and related legal relations andresponsibilities analysis. The advices in the article are easy for a newcomer oflogistics lawyer to practice and master such as how to prevent the legal risks andespecially how to sign a third-party logistics’ contract.The main body of this paper is divided into four parts. The first part brieflyintroduces the background, characteristics of third-party logistics and relateddefinition as well as the comparison with traditional transportation; the second partexplains the relevant legal risks of third-party logistics and analyzes its root causes; then it is focused on the theories of the third-party logistics’ legal status, imputationprinciple, exemptions and limitations of liability and so on; the final chapter is thecore of this article which provides some practical thoughts in legal risk preventionmethods and measures. It will be improved the capabilities in risks’ prevention ifrelated advices are adopted by the third-party logistics.