A Legal Research On The Government Regulation Of Third Party Logistics In China

With the trend about the competition in the global market developing rapidly,the enterprises are facing more serious threats and challenges.The logistics in tradition regarded as the auxiliary function of the enterprise is acquiring importance,many enterprises entrusted logistics to other logistics companies.Third party logistics have developed well as a brand-new industry.The brand-new industry which is regarded as the third-party profit’s source can reduce the production cost,enhance enterprise’s core competitiveness. As the representative of the modern logistics,the third party logistics’ birth and development is the inevitable situation with the the socialized production, specialization, integration of resources.This situation reflects that the market plays the decisive role in the allocation of resources.But the drawbacks of market mechanism makes that the market failure is inevitable.The explosion of Tianjin port in 2015 exposed many problems in government regulation.So the government regulation is indispensable.The "visible hand" of government should be combined with the "invisible hand"of the market to form the third-party logistics market which is healthy and orderly.Nowadays,the government regulation about the third party logistics exposed many problems which would become the external hinder constraining the development of the third party logistics if not be properly resolved.This paper try to use the interdisciplinary analysis method contain the knowledge of legal science,economics and logistics science to analysis the current situation and problems from the government regulation on the third party logistics so that I can put forward some improvement suggestions,which finally contribute to form a actual line to regulate the third party logistics.This paper consists of six chapters.The first part is the introduction, which mainly introduces the purpose and significance of the research on government regulation of the third party logistics in our country, including the logical thread and research methods of the article.The second part focuses on the basic theory so that it is helpful to research the government regulation on the third party logistics.This part starts from the logistics,then specifically analyses the legal meaning and the characteristics of the third-party logistics.The third part analyses the legal concept of government regulation firstly,then elaborates legal basis of government regulation from the legal risks existing in the third-party logistics market and the value goal come true through the government regulation,in addition,expounds the economic basis of government regulation according to the economics principles about market failure.The fourth part is the part of empirical investigating of government regulation on the third party logistics.The focus of it is elaboration on the legal problems which appears in the process the government is regulating the third-party logistics.Basing on the elaboration contains the subject of regulation,content of regulation consists of economic regulation and social regulation,I point out defect and deficiency of four major respect existed in the system of government regulation on the third party logistics at the present stage.The fifth part is the comparative analysis of the system of foreign government regulation on the third-party logistics,which has introduced the concrete system of the system of foreign government regulation on the third-party logistics,such as America,Japan in detail.On the foundation which sums up the characteristics and advantages,I summarized the reference significance to our country.The sixth part that puts forward the specific reforming path about China’s government regulation on the third party logistics plays the most important role in the paper.Firstly,perfecting our country’s logistics management system so as to break the regional and status monopoly. Secondly,structuring construction of the system of the legal system of logistics.Thirdly, building the perfect mechanism about the third party’s market access from the perspective of government regulation’s basis.Finally, putting forward that government should pay more attention to the protection of environment,quality of service and social security.