The Research Of The Civil Liability For Logistics Management In China

Modern logistics industry originated in the United States, in Japan which has been has been promoting and developing, and mature in continental Europe. Logistics activities is the integration of transportation, warehousing, freight, handling, packaging, distribution processing, distribution and other aspects of complex services industries. Complex logistics activities of business entities in all aspects of the subject in a different identity have different rights and obligations. In China, the current development of the industry has not yet fully mature stage, which not up to standard within the industry there are many places constraints on the industry’s relevant laws and regulations but also in other parts of legal documents. Which has no specific, system of logistics legal norms, the logistics industry as a whole is difficult to provide guidance and constraints.In addition to this introduction and conclusion, is divided into four parts.The first part of the legal relationship between the main part of the logistics business, mainly from logistics operators emergence and development process, will be divided into self-logistics logistics operator and his battalion logistics. Which self-logistics includes first party and second party logistics, import and logistics supplier or procurement subject is party to its obligations attached to the trading of goods contract, not an independent legal relationship subject. As the degree of specialization in the logistics business continues to improve, his party independent logistics company began operations, third-party logistics is the logistics of this period the most important business entities. This type of business entities in the logistics business legal relations, the independent performance of contractual obligations, the contract for the entire logistics operators responsible for the content. Fourth business entities, is the basis of third-party logistics operators appearing on, third-party logistics business through the re-commissioned other logistics enterprises. Fourth operator’s rights and obligations derived from the re-commission contract, it does not require direct responsibility for logistics demand side.The second part of the logistics business entities in all aspects of the legal status of the logistics were analyzed. As logistics management activities involve a number of different aspects of nature, at different stages in the operation of the main roles and identities as well as legal responsibilities are also different. In warehousing, packaging, distribution and processing sectors in logistics operator’s contractual obligations and the emergence of the goods damaged responsibilities vary by listing and comparing the text to distinguish.The third part of the logistics of all rights and obligations of the body through the conclusion of the logistics contract to achieve. The complexity of logistics activities of the logistics contract also has a variety of species. This chapter according to different standards of logistics contracts are classified and compared the different categories of the main features.Finally, the future of the logistics business entities civil liability and regulatory constraints put forward some suggestions, through the full text of the main logistics operators in a clear exposition of the legal status and rights and obligations related to make a few humble opinion.The innovation of this paper is, Identity of the subject of logistics operations and development process from the perspective of self and his battalion was re-combing, helps to grasp the essence of the legal relationship between the legal status of the logistics operators and related civil liability. In addition, the paper argues that civil liability for the analysis of the main logistics operators should master contract logistics operations and re-commission contract between two levels understand and sort out. The inadequacy of this article is that the existing literature on resource limitations set forth the basic system of the text is not deep enough. The main logistics operators civil liability system also involves responsibility and commitment to the specific identification method and other issues, this paper due to space limitations not elaborate.