Legal Research Of Cash On Delivery In Logistics Enterprise

Cash on delivery is mainly refers to logistics enterprises transport goods,at the same time, the buyer pays the payment for goods to logistics enterprises, and after a certain period of time the enterprises deliver it to the owner.Compared with the direct delivery to the owner payment behavior,it is hysteretic.Cash on delivery has gradually emerged from the development of value-added services in logistics enterprises,at the same time, the importance of the business has become increasingly prominent.The fee is a reason of value-added services,in addition, the collection of payment can also as be circulating fund, and some of the logistics enterprises will misappropriate the money,investing in other businesses and industries.Lead to logistics companies to delay payment frequently, and once the funding breaks, payment will not be able to pay,owner’s rights and interests will suffer serious violations.In addition, logistics enterprises in the event of bankruptcy, payment will be very difficult to retrieve.Therefore, regulate cash on delivery from the law is necessary.This paper proposed to regulate the behavior of cashing on delivery,in order in the practice of cashing on delivery formed long-term regulatory mechanisms to reduce the factors which constraints development of the business and promote logistics industry’s health,sustainable development.Based on literature analysis, qualitative analysis, empirical analysis and comparative analysis of the legal problems of logistics enterprises to cash on delivery,the conclusion is:it is a kind of principal-agent behavior, its connotation with the "payment after Arrival of Goods" is different,the logistics enterprise in cash on delivery is independent of the owner and the buyer,and logistics enterprises in payment after arrival of goods can be a third party,and the seller.In practice, the reasons of delayed payment payment, misappropriation and other illegal acts is all-round.From the aspect of legislation, legal norms content is too general, lack of maneuverability, and it has low level of effectiveness.From the legal system, the reason is that in the cash on delivery business market threshold is too low, the market regulation is not in place.From their own perspective, the fund management is not norm is also an important reason.The developed countries’ logistics legal system more perfect, it is also in place for cashing on delivery,this paper argues that,The United States, Japan, Germany has a favorable legal and policy environment of cashing on delivery business development at the logistics legal system, with advanced patented technology as a support in the actual operation, the business can continue to develop,we have the following enlightenment:we should pay attention to regulatory control combined with independent management of enterprises;perfect public information platform of cash on delivery and attach importance to the role of industry association or enterprise alliance of logistics enterprises.Through a comparative study of cash on delivery,this paper argues that,we should formulate normative documents of cash on delivery and improve their level of effectiveness.The main contents is guiding and regulating,the supplement contents is prohibiting and compulsory.At the same time, perfect market access threshold,especially the special market access threshold of cash on delivery,strengthen market supervision.In financial management,we should introduce the third-party payment platform, to reduce possibilities of logistics enterprises controlling the payment directly,to solve constraints of cashing on delivery,to form a long-term regulatory mechanisms of cashing on delivery behavior, promote the health and sustainable development of logistics industry.The innovation of this paper lies in :to formulate special normative documents to standardize cash on delivery behavior of logistics enterprises;on the basis of existing practice put forward to establishing and perfect the legal countermeasures of the third party payment platform.