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Studies on China’s Logistics Legal Relationship and Legal Issues in Logistics Delivery
Author: XinChunZuo
Tutor: GaoFuPing
School: East China University of Political Science
Course: Civil and Commercial Law
Keywords: Logistics Legal Relationship Logistics Delivery
CLC: F259.2
Type: Master's thesis
Year: 2011
Downloads: 166
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Abstract
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With the rapid economic development of the Chinese Economic Reform, Chinese logistics industry has burgeoned swiftly. This industry gradually developed from a traditional transportation industry into one integrated modern logistics service mode of warehousing, processing, transportation and value-added service, and has become an important part of our national economy. However, due to the delay of the legislation and the complexity of the logistics operation after a variety of specialized logistics division, this industry lacks unified and systematic legislative norms in the development, which leads to the fact that it’s not clear how to adjust the legal relationship of logistics in the practical operation. There is difference in the cognition of rights and obligations of the relevant subjects, which causes many problems of the development of logistics. In particular, the issue of Logistics delivery has become a central legal issue, because the logistics contracts, which are related to the fundamental interests of all parties, have great impact on logistics service contracts and basic contracts. This thesis which is based on the summary of China’s logistics-related laws and regulations, analyzes the legal relationship and the logistics delivery in depth, and do empirical analysis combined with cases, in order to put forward the guiding suggestions of the logistics practice.This Thesis does study on the logistics legislation, Contract Law, Civil Law and Property Law in depth, summarizes and compares a variety of academic perspectives on the basis of the analysis of logistics legal relationship, by a lot of information retrieval and literature reading. The development of Western Legal History are quoted and researched historically in the aspect of jurisprudence research of the delivery, while the legal norms of various countries are researched comparatively on the issue of legal norms of the delivery. In the end, it does empirical research combined with factual cases, law and jurisprudence.This thesis consists of three chapters, twelve sections, more than 36,000 words. The first chapter, which introduces the overall condition of logistics industry and the structure of logistics legislation, summarizes the logistics legislative system first, including specialized logistics legislation and relevant applicable laws. Then, it describes laws, regulations, departmental rules including notification of the State Council ministries and so on comprehensively and detailedly. On this basis, this chapter summarized two problems of logistics legislation in our country, making overall proposals to perfect legislation accordingly, and makes specific suggestions according to the new trend of the logistics trend.The second chapter is the core content of this thesis, which is about the research of logistics legal relationship and the issue of delivery. The logistics legal relationship is analyzed from the aspects of the relation between service provider and consignor or consignee according to the relationship between upstream and downstream. What’s more, lots of academic views on the relation between service provider and consignee are analyzed, and then the author puts forward his own idea. On this basis, this essay describes the legal characteristics of logistics delivery, analyzes the nature and elements of logistics delivery, summarizes the standard of logistics delivery in good condition in consideration of the practice, and discusses the legal effect of the logistics delivery.The third chapter mainly does empirical research according to cases, analyzes the delivery of logistics, combined with specific case from four perspectives, and further argues the view of logistics legal relationship, nature, elements, standard of delivery in good condition and so on, in order to support the main point of logistics delivery in this article.
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