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Legal Issues Of The Logistics Contract

Posted on:2016-03-28Degree:MasterType:Thesis
Country:ChinaCandidate:X P YuFull Text:PDF
GTID:2336330479980140Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the rapid development of market economy, the logistics industry has gradually become an important force to promote the production of stimulating consumption. Modern logistics industry is a new complex industry, combined with the manufacturing industry, information industry, more than 10 industries, manufacturing, transportation, warehousing and other industry sectors toward the direction of integration, plays optimization of regional industrial structure, the development of regional economy important role in the development potential of the continuous development of the logistics industry is bound to make our legal system more complete logistics contracts, and the main legal forms of logistics services, logistics contract that is signed. However, due to the scope of services included logistics extensive and complex, and therefore on the basis of comparison with the ordinary civil and commercial contract has its own characteristics logistics contract signed by its complexity, can not be treated as ordinary commercial contracts treat people. So this feature of the logistics contract law and legal relations in-depth research to find a suitable legal basis for the adjustment of its rights and obligations for the development of logistics provides important legal protection.The first part introduces the basic situation of logistics development, elements of logistics, development tendency of logistics. Meanwhile summarize the basic conditions and limitations of the laws and regulations of China's logistics. At present, China's existing laws and regulations are mostly in the planned economy period, or the development of a planned economy to a market economy transition period, they can not adapt to the current market economy from the spirit of the legislation and legislative content, conflicts and contradictions have been unable to adapt to the times development requirements. And logistics in a wide variety of laws and regulations category section method, form too scattered, lacking the necessary systemic and unity, and therefore legal dispute after another, after consumers are often faced with damaged Difficulty rights.The second part studies the basic theory of logistics contracts, from the legal characteristics of the logistics contract to start, come to the logistics contract is a comprehensive nameless contract to type contract, the main onerous contract, promise a contract from the contract, two tasks. Followed by analysis of the legal relationship of logistics contracts, from the classification point of view of the N-party logistics discusses the legal risks subject, object, content and logistics contract logistics contract. By understanding the plight and problems of development of China's logistics industry, the logistics contract through basic theory analysis and feasibility studies, to determine the rights and obligations between the parties, the risk of possible legal circumvention logistics process, while the law of the logistics process regulatory recommendations to promote healthy and rapid development of China's logistics industry.The third part describes the United States, the laws and regulations in Japan developed logistics, the logistics contract in our late start, and promote the development of the logistics contract legal system is not perfect, but Western countries through a long process of exploration and accumulation, the In promoting the development of logistics management legislation and government contracts for relatively sophisticated logistics, therefore, through the development of national legal systems and Western comparative analysis can be found in the perfection of the inadequacies of the legal system of logistics contracts, and then according to the actual conditions of China's At the same time learn from the advanced experience of foreign countries, to promote the development of the legal system and improvement of logistics contracts.The fourth part is to improve the legal system of China's logistics contract proposal, the author discusses the data protection issues in the outcome of the logistics contract has a contract dispute settlement mechanism, in order for the development of China's logistics contracts favor.
Keywords/Search Tags:Logistics contract, N-party logistics, legal risks
PDF Full Text Request
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