The Study On The Legal System Of Logistics Market Access

Logistics industry has become an important industry for the 21st century,logistics competition has become the new commanding heights.With the development of economic globalization and information technology,WTO rules on trade in services will become more universal.In accordance with WTO rules,china's existing laws and regulations of the logistics will also be adjusted to meet the needs of modern logistics development.In the legal system of world trade,market access is one of the most important issue.Yet,the chinese market access legal system of logistics has become a bottleneck for the rapid development of modern logistics.Therefore,the scientific and rational market access legal system of logistics is an important institutional guarantee which will be able to accelerate the development of china's logistics market,and enhance the international competitiveness of our logistics industry.This paper has five parts.In this paper,the author consider modern logistics as a starting point,being based on theory of economic law in order to interven.e in the market,adopt many analytical tools,such as comparative study,a combination of theoretical research and case analysis,a combination of empirical analysis and normative analysis,use the research results of some related subjects such as modern management science,institutional economics and economic law,to analyze the social function,legal issues and countermeasures of China's logistics market access to the legal system,and then explore the deep logic of the market access legal system of logistics.Beginning from the connotation and denotation of the market access legal system,the first part analyze the practical significance and function of the market access legal system of logistics in the market system,macro-structural adjustment and social employment,aim to clear that studying the market access legal system of logistics has an important social value.Standing on the theory,the second part research on the bacic theory of management, economics and economic law for the market access legal system of logistics.Knowledge of management provide a basis on rationality for the government intervention in microeconomic market competitors;Institutional economics provide an evaluation criteria for the social effects of china's market access legal system of logistics;as the third legal department, principles of economic law provide a analytical basis of law for the formation of china's market access legal system of logistics,and then to improve this legal system.From a historical perspective,the third part deeply study the formation and legal status of market access of logistics in chinese and western legal system,aim to gain some valuable practical experiences from practical experience in logistics of the western developed countries.The changes of which the United States and the Japanese government control the logistics market indicates that,the functions of the government have shift from micro-regulation to the dialectical unity of macro-control and micro-regulation,the right border between the government and the market has been delined clearly,so the logistics market develop rapidly.The market access legal system of logistics of the developed countries provides the chinese government with a useful experience in the intervention in china's logistics competitors.The fourth part focus on analysis of the questions and the reasons for china's market access legal system of logistics.The questions include,such as,the eidos of government intervention have dropped behind,the market access law and regulations are confusing,decentralizing and badly operated,strong administrative intervention in traditional logistics,being lack of the legal system of modern logistics,non-public ownership economy subjected to discrimination,being lack of social governance mechanisms.The reasons for these questions are very complex,except for subjective reasons,there are objective reasons; except for historical reasons,there is also economic,political and legal factors at this stage.Combined with the development of the logistics industry in the international trend,the fifth part focus on proposing a solution to improve china's market access legal system of logistics.Being correspondence with the WTO rules of trade in services,our market access legal system of logistics shall adopt the statutory form to improve the concept,the scope and the methods of government intervention in the basic principles of market access legal system and the regulatory system.From the perspective of the promotion of the market competition of logistics,this part propose many measures to improve the market access legal system of logistics for our country,in accordance with the characteristics of domestic and foreign services in logistics,aiming to provide an institutional reference which help to form a multi-level,all-round,fair competitive market environment of logistics for our country.