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Research On The Unified Liability System Of China's Third Party Logistics Operators

Posted on:2021-04-25Degree:MasterType:Thesis
Country:ChinaCandidate:D Y LiFull Text:PDF
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The uneven distribution of the raw material production areas,processing areas and consumption areas requires the assistance of the third-party logistics industry to realize the flow of materials.China's third-party logistics industry has maintained rapidly growth.Infrastructure conditions,policy environment service capabilities have been significantly improved.A modern industrial system has initially situated,but there are still outstanding problems such as incomplete third-party logistics regulations.This article has access to the third-party logistics operator's liability system,analyzes the claimant's difficulty and the loss due to hidden or delayed delivery under the existing liability system,and proposes to construct an unified system of responsibility of third-party logistics operator.The idea allows claimants to avoid the complicated and heavy burden of proof to claim the above losses from third-party logistics operators.The third-party logistics operators can acquire profits and use excessive price approach or liability insurance systems to distribute risks in exchange for assuming full,direct,and high-level responsibilities.Without interfering the existing legal system,unified system of responsibility enhances the certainty of the liability system,facilitates the claimants to make claims,and promotes the development of liability insurance and unified document system,laid a theoretical foundation for the establishment of China's future third-party logistics contract system.This article is divided into four chapters to discuss the construction of China's third-party logistics operators' unified liability system.Chapter One,summarizing the basic issues of the unified responsibility system and discuss the connotation of the unified responsibility system from the three dimensions in system definition,necessity and basic value.The unified liability system of the third-party logistics operator should be defined as a legal system in which the third-party logistics operator bears unified responsibility for the claimant,and it has the right to determine the responsibility between the claimant and promote the development of related systems.The third party logistics operator's unified liability system as a legal method to coordinates the interests of the parties following a specific legal value to achieve the unity of contract freedom and maintenance of rights value,fairness and efficiency value.Chapter Two,discussing the existence basis of the unified responsibility system of China's third-party logistics operators from a practical and theoretical perspective,and providing sufficient arguments for the construction of the new system.The rise of large modern third-party logistics companies and the promotion of the development of third-party logistics industry policies provide opportunities for the transformation of the third-party logistics operator's liability system.The third-party logistics contract relativity theory,breach of contract and tort liability cooperation theory,and the operator's responsibility system theory are providing theoretical basis of the third party logistics operator's unified responsibility system.Chapter Three,analyzing the approach of the unified liability system of third-party logistics operators in China,proposes that a legal third-party logistics contract liability system should be established between the claimant and the third-party logistics operator,and discusses the basic implications of the unified liability system from a macro perspective Content,especially the coordination of third-party logistics operators with China's existing legal system.Chapter Four,focusing on the specific systems included in the unified liability system of my country's third-party logistics operators.The typical composition includes the period of liability,the scope of liability,the basis of liability and liability insurance,and unified document system.The third party logistics operator's unified liability system implements unified system of responsibility to the level of a specific legal system,updating the logistics operator's responsibility system theory.
Keywords/Search Tags:Third Party Logistics, Responsibility System of Operator, Unified System of Responsibility
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