The Study On The Legal System Of Logistics Market Access In China

The logistics industry, an important industry in China in the twenty-first Century, has beenpaid much attention in various countries, but the current levels of development differ from one andanother. The developed countries such as America and Japan has begun the development of thelogistics industry as early as in the early50’s, and has established a relatively complete legal systemof logistics market, mainly manifested in the relatively sound logistics market access legal system.While China just began to attach importance to its logistics industry in90s; because of late start, theLogistics legislation lags, and certain areas of the law is even a blank; the relevant laws andregulations, low legal efficiency, low level of informationization, supervision system beingunreasonably set up, implementation being not in place and other reasons, led to our country failingto have a more a complete logistics legal system for market access. These problems become thebottleneck to restrict the development of China’s logistics industry. Therefore, we must speed up thelogistics market access legal system work. This paper mainly expound from the following severalparts:The first chapter starts from the fundamental theory of market access system, and introducesthe general theory of the logistics legal system for market access. It introduces and analyzesdifferent interpretations of the word “logistics” in various countries, and analyzes the necessity oflogistics market access system simultaneously, aimed to introduce the advantages, significance andsocial value of logistics market access system.In the second chapter, the jurisprudence and economics analysis of logistics legal system formarket access have been conducted. The specific use of the analysis of rights and obligations andthe value analysis method of laws provide certain law theory basis for market access legal system;through the analysis of demand and supply, and the analysis method of cost and profit, it providescertain economic theory foundation for logistics market access legal system.The third chapter,elaborates and analyzes the current logistics legal system for market accessin our country, mainly from the legislation of the logistics, third party logistics, logistics supervisionand other aspects of our logistics market access legal system status quo and existing problems. Asthe logistics market access legal system confusion, logistics laws and regulations of low potency, regulatory system is not reasonable, the third party logistics informationization level is low, on thisbasis, the author has carried on the reason analysis.The fourth chapter discusses and analyses from the legislation, regulatory system, the thirdparty logistics, and informationization and other aspects of American and Japanese logistics marketaccess legal system.The fifth chapter, based on the analysis of the logistics market access legal system in theUnited States, Japan, and China, puts forward to perfecting the logistics market access legal systemin our country. It mainly includes: perfecting laws and regulations of logistics, establishing a unifiedlegal system of logistics market access; developing the fundamental principles for logistics marketaccess; improving our logistics market access supervision system; strengthening the construction ofcomprehensive talent team and positively developing the third party logistics and green logistics.