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Thoughts on Constructing China's Logistics Legal System

release time:2020-07-21Popularity:217

■Logistics is defined as "the physical flow of material data involved in the physical flow of economic activities from the supply place to the receiving place. According to actual needs, transportation, storage, loading and unloading, handling, packaging, circulation processing, distribution, information processing, etc. The basic functions are organically combined"

  ■Improving the logistics legal system and establishing a logistics legal system that meets the requirements of my country's socialist characteristics is an inevitable requirement for promoting the healthy development of my country's logistics industry.

  ■The logistics law and regulation system should be defined as a unified whole organically linked by different levels and categories of laws and regulations directly or indirectly related to logistics

  □ Zhang Changqing

  Modern logistics originated in the United States, developed in Japan, matured in Europe, and expanded in China. This is the recognized development track of world logistics. In February 2009, my country issued a logistics industry adjustment and revitalization plan, and the logistics industry became the tenth largest industry in my country.

Logistics is defined as "the physical flow of material data involved in the physical flow of economic activities from the place of supply to the place of receiving. According to actual needs, transportation, storage, loading and unloading, handling, packaging, circulation processing, distribution, information processing, etc. Functions are organically combined". The promulgation of the logistics industry revitalization plan makes the research of the logistics legal system more realistic. Logistics law refers to the general term for the legal system formulated by the state to adjust social relations related to logistics activities.

  The current situation and existing problems of my country's logistics legal system

After rapid development in recent years, my country’s logistics industry has begun to take shape, but the revision and formulation of corresponding laws and regulations have lagged behind. So far, my country has not yet had a specific and unified logistics law. The laws and regulations for adjusting logistics are scattered in the laws, regulations, rules, international treaties, international conventions, and various technical specifications and technical regulations on all aspects of logistics. A relatively complete system has not been formed, and the logistics legal system still exists. Many problems are mainly manifested in the following aspects:

   1. Existing norms are not in harmony

   From the perspective of overall structure, my country currently does not have a departmental law that specifically and systematically adjusts the legal relationship of logistics. The current logistics legislation involves many departments, such as transportation, railways, aviation, domestic trade, foreign trade, etc., and these laws and regulations are too scattered and lack systemicity, and there are even disharmony and conflicts between various laws and regulations. This makes it difficult to implement the guiding and normative role of logistics laws and regulations.

  2, the existing specifications are incomplete

   From the perspective of completeness, many logistics relationships are not adjusted and regulated by laws and regulations, and there are still many legal "vacuum zones" in the logistics industry. The logistics industry is developing rapidly, and modern logistics business has far exceeded the original warehousing and transportation, and the original logistics laws and regulations have not adjusted and regulated the new business and new problems that have emerged. For example, for the issue of logistics standardization, my country currently only promulgated the "National Logistics Terminology Standardization Regulations", but there are no regulations on other standards.

  3, the level of effectiveness of legal norms is low

   From the perspective of legal effect, my country's current logistics laws and regulations are of low level and weak legal effect. Many current logistics laws and regulations are mostly formulated and promulgated by various ministries and commissions of the central government and localities. Most of them are regulations, methods, regulations and notices, etc., which are not very standardized, lack operability in specific applications, and are difficult to produce legal effects. It is suitable as a reference basis for court trials and is not conducive to adjusting the relationship between the logistics subjects.

   4. Logistics legislation is relatively lagging

   From the perspective of timeliness, my country's logistics laws and regulations are relatively lagging. With the changes in the economic system, management system, and market environment, modern logistics and traditional logistics have been very different. However, because some current logistics laws and regulations continue from the original planned economic system, it is difficult to adapt to the market economy environment The development of logistics is even more difficult to meet the needs of the nationalized development of logistics after my country's entry into the WTO.

   The framework of my country's logistics legal system

   Improving the logistics legal system and establishing a logistics legal system that meets the requirements of my country's socialist characteristics is an inevitable requirement for promoting the healthy development of my country's logistics industry.

  The logistics law system is based on the logistics law, the logistics subject and the legal norms of behavior as the main body of various legal norms formed in accordance with certain laws to form a unified whole. my country's logistics law system should include the following aspects: First, the logistics subject law, which establishes the qualifications of the logistics subject, clarifies the rights and obligations of the logistics subject and the logistics industry entry and exit mechanism. The subject of the logistics legal relationship refers to the parties who participate in the logistics legal relationship and enjoy rights and assume obligations in accordance with the law; the second is the logistics behavior law, that is, the legal norms that adjust the logistics entities to engage in logistics activities. It is the legalization of various logistics transactions and conventions. The product. Logistics activities involve procurement, warehousing, transportation, circulation processing, packaging, distribution, loading and unloading, handling, information processing, etc.; the third is the logistics market management law, that is, the legal norms that adjust the market relationship between the state and logistics entities and between logistics entities . Strengthening the organization and management of logistics through legal means and creating a fair and just market competition environment is part of the government's functions; the fourth is the Logistics Standards Law, that is, the legal norms that determine the relevant technical standards of the logistics industry.

  The logistics law and regulation system should be defined as a unified whole organically connected by different levels and categories of laws and regulations directly or indirectly related to logistics. The logistics laws and regulations system should cover all kinds of laws and regulations related to logistics. By cleaning up, modifying, supplementing and integrating existing logistics laws and regulations, we can clarify the context, and dredge the inheritance and progressive relationship between individual laws and regulations. , Forming a well-structured and structured logistics legal and regulatory framework.


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