A Research On The Legal System Of Logistics Market Access

As an important part of the125State Plan and the initial industrial of21century, logistics has become more and more crucial to our economy. The legislation should be consistent with the economy policy. Whereas, there exists inconsistence between regulations of our country and the WTO’ policy. To speed up the world tendency in logistics industry, certain rules and reasonable market access regulations are required.The thesis can be divided into six parts to analyze logistics market access rules. The article 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 counter-measures of China’s logistics market access to the legal system.The first part introduces the inner meaning and outer understanding of logistics market access, shows the deep meaning of studying on the issue, and the existed policies in logistics market access of China. China has many rules that are separated in different laws to regulate market access. And then explains the theoretical basis of logistics market access from two aspects, one is economic theory, the other is the science of law.The second part concludes the issues existed in logistics market access legal system and analyzes the economic, political and legal reasons that might cause the problems above. The main problems are, the lack of basic rules of market access, the relatively low level of legislation, the imperfection of supervision mechanism, and so on.The third part analyzes the formation and legal status of market access of logistics in Chinese and other two countries’ legal system, aiming at gaining some valuable practical experiences from these two countries. 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 forth part suggests some solutions to the issues above. Based on the knowledge of advanced countries’ experience and the practical condition of our country, we should take such measures as build some basic principles, improve the legislative level, formulate unified standard, fill the blank of law to perfect the logistics market access, to help build a fair and orderly market environment.