I, China's logistics laws and regulations status
China's existing laws and regulations on logistics, from the point of view of legal effect, can be divided into the following three categories: First, the law. In the existing laws enacted by the state, directly for logistics or logistics-related laws, railroad law, maritime law and so on. Second, administrative regulations. Administrative regulations related to logistics, there are highways, waterways, railroads, air cargo transportation contract implementation rules, temporary regulations on seaport management, highway management regulations, waterway management regulations, on the development of joint transportation of a number of issues in the interim regulations, on the further development of domestic container transport notice, etc.. Third, ministerial regulations promulgated by central ministries and commissions. Ministerial regulations on logistics, including the Interim Provisions on Commodity Packaging, Measures for the Administration of Commercial Transportation, Regulations on the Transportation of Railway Goods, Agreement on International Intermodal Transportation of Railway Goods, Opinions on Strengthening the Development of Modern Logistics in China, Opinions on Promoting the Development of Comprehensive Logistics Services by Transportation Enterprises, and so on.
Existing laws and regulations to alleviate the logistics field of the "legal gap" situation, improve the efficiency of the legal adjustment to the logistics industry's high-speed, orderly development has played a role in escorting.
Second, China's logistics laws and regulations exist in the problem
China's existing logistics laws and regulations of all types of development, basically has been able to maintain the economic order of the logistics industry, but still can not meet the needs of the rapid development of the logistics industry, there are still a number of problems, mainly:
1. The logistics industry lacks a systematic and specialized legal provisions. At present, China's implementation of laws and regulations relating to logistics from the content and industry management dispersed in the air, land and sea transportation, consumer protection, business management, contract management and the ministries and commissions were formulated by the relevant regulations and management, is at different times, by different departments for different issues, the formation of a multi-headed and decentralized situation, showing a chaotic state of the lack of systematic and specialized legal provisions of the logistics industry, resulting in the market mechanism is not sound, and the lack of systematic and specialized legal provisions of the logistics industry. Provisions, resulting in the market mechanism is not sound, chaotic order, price disorder.
2. Directly operational logistics laws and regulations at a lower level, the legal effect is not great. China's direct operational logistics laws and regulations promulgated by the central ministries and commissions, local development, normative is not strong, the lack of legal liability constraints, mostly some regulations, methods, provisions and notices, many of which are contrary to international practice, the lack of specific use of operational, difficult to produce legal effect, most of which are only suitable for court trials as a reference basis, not conducive to the adjustment of the main body of logistics, the mutual relationship between the lack of logistics, and the lack of legal effect on the logistics industry. Not conducive to the adjustment of the mutual relations between the subject of logistics, the lack of behavioral constraints on the subject of logistics.
3. Logistics laws and regulations are lagging behind. China's current implementation of some of the logistics laws and regulations or from the past under the planned economic system environment continued. They were formulated according to the situation at that time, although at that time for the promotion of the development of the logistics industry has played a positive role, but due to the differences in space and time has appeared in the scope of application of the wrong, outdated content of the regulations and legal cross, legal gaps and other issues, it is difficult to adapt to the development of logistics in the current market economic environment, it is difficult to adapt to the accession of China to the WTO after the internationalization of the logistics development needs, the need for supplementation, revision and abolition. Logistics legal system from the technical generally lack of specific guidance and adjustment of logistics practice, macro-control ability and micro-restraint ability is insufficient.
4. Logistics laws and regulations are not coordinated. Logistics legislation involves transportation, railroads, aviation, commerce, supply and marketing and other departments, due to insufficient coordination and communication between departments, there are laws and regulations "fight" phenomenon, it is difficult to integrate the logistics links and the relationship between the various functions, is not conducive to the formation of industry advantages to promote the development of China's logistics industry.
Three, the construction of logistics laws and regulations of the system of ideas
1. Logistics laws and regulations to rationalize the construction of the system of logical veins. Logistics laws and regulations system covers a variety of laws and regulations related to logistics, not like civil law, commercial law, economic law as relatively independent. Legal norms related to logistics may include some of the principles and content of the civil law sector, such as the adjustment of property rights between parallel subjects, contractual relations between the contract law, property law, may also involve commercial law and economic law sector of the legal norms, such as a variety of external transactions for the general norms of the bill of lading law, insurance law. Therefore, the logistics laws and regulations system should be defined by different levels, different types of direct or indirectly related to logistics laws and regulations composed of organic linkage of the unified whole, which is hierarchical, complete, structured, closely linked to different individual laws and regulations play different roles, but also influence each other. In view of China's many logistics issues have been in the market economy in the basic legal system to make the necessary norms, repeat legislation is likely to cause a waste of legislative resources and regulations repeated cross, so the construction of China's logistics laws and regulations is not to circle from the basic legal system of the independent "logistics law" sector branch, but to provide a framework system for the continuing legislation and judicial interpretation. And judicial interpretation to provide a framework system, straighten out the hierarchy and logic between the different separate laws, establish a modern market economy logistics operation should *** with the basic principles to follow, so as to avoid duplication of cross-sectoral logistics laws and regulations within the system and contradictions, to avoid self-regulation of the logistics industry as well as the local and central logistics management process of disagreement and conflict. Based on this, the construction of China's logistics laws and regulations should be located in the goal: how to amend the existing laws through the compilation and appropriate supplemental legislation, dredge up the single legal norms of the relationship between the undertaking and progression, the formation of a hierarchical, structured framework of logistics laws and regulations, and to promote the standardization of logistics behavior and the efficiency of logistics operations. This is more beneficial than the establishment of a new targeted but large, hollow "logistics law".
2. Establishment of logistics laws and regulations to adapt to the market economic system. In the adjustment of existing logistics laws and regulations, to seriously clean up, revise the scope of application due to differences in space and time caused by the error, the regulation of the content of the outdated and affect the development of the logistics industry on the basis of the relevant laws and regulations, the establishment of a sound adaptation to the socialist market economic system and the development of modern logistics industry logistics laws and regulations to ensure that China's logistics industry in the ever-improving legal environment for the healthy development of the industry. From Japan's experience and China's current economic system features and the objective reality of logistics development, China's logistics legislation should be carried out from four aspects: First, the main body of logistics law, refers to the establishment of the main body of the logistics qualification, clear logistics subject law norms; Second, the logistics behavior law, refers to the adjustment of the main body of the logistics logistics activities engaged in logistics activities of the behavior of the legal norms of the product of a variety of logistics transactions behavioral practice legalization; Third, the Macro-control law, refers to the adjustment of the state and the subject of logistics and the subject of logistics between the market relations between the legal norms; Fourth, the social security law, refers to the adjustment of the state, the subject of logistics and the legal norms of the relationship between the workers and consumers. By improving the system of logistics laws and regulations, a code of conduct is established for logistics activities.
3. Meet the characteristics of the development of the logistics industry, improve the logistics laws and regulations system of intensive, systematic, and enhance its comprehensive regulatory capacity. Logistics system mainly consists of transportation, warehousing, loading and unloading, distribution and other major links and functions. With the development of modern logistics, logistics has been from the traditional transportation, warehousing and other major functional links to the logistics systematization, integrated direction of integration and development, the pursuit of integrated governance of logistics and the overall economic benefits of the logistics system. How to use systematic thinking and modern integrated logistics concepts to establish a highly systematic system of logistics laws and regulations, to promote China's logistics to the best structure, the best with the best to give full play to its system functions and efficiency is an important topic in logistics legislation. Especially to be in line with international practice, the degree of systematization from the depth and breadth of the higher requirements. For this reason, it is necessary to establish a coordination mechanism between the relevant government departments, the relevant government departments to form a logistics laws and regulations construction committee, specifically responsible for the study, clean up and develop a systematic system of logistics laws and regulations.
4. Strengthen local logistics legislation. China's unbalanced economic development, market conditions in various regions, the quality of enterprises and financing capacity, logistics development, there are large differences between the scale and level of the near future in the establishment of national logistics laws and regulations at the same time, each region should be based on their own basis and conditions, to develop a number of logistics laws and regulations in line with their own regions. In this way, both for the gradual establishment of national macro logistics laws and regulations to provide the basis and experience, but also conducive to the logistics enterprises in various regions to accelerate the development of regional characteristics.