Research On Contract Liability System Of Third Party Logistics

The research of the responsibility system is the core of the legal system of the third-party logistics contract,but at present,the third-party logistics is more about the policy provisions,and has not formed a complete legal system,which seriously restricts the development of the third-party logistics industry.In practice,the ambiguous contract responsibility system is easy to produce the credit crisis,and only the clear third-party logistics contract responsibility system can effectively prevent the possible risks.The previous discussion has focused more on the attributes of the third-party logistics contract and the legal relationship within the contract,but the principle of imputation and the form of responsibility are crucial to the construction of the responsibility system.According to the attributes of the different stages of the third-party logistics contract,respectively Determine the attribution of the liability for breach of contract,which will lead to the liability for breach of contract after the situation.It is not unreasonable for the form of responsibility to refer to the provisions of multimodal transport,but the applicable form of responsibility is not unified in practice,and there will also be problems that cannot clarify the responsibility.At the same time,it is also a dispute whether the application of the maritime law on the period and limitation of liability to the third party logistics contract meets the practice requirements.This paper mainly discusses the responsibility system of the third-party logistics contract.The discussion on the nature and characteristics of the third-party logistics contracts is similar,but the failure to name the third-party logistics contracts does not affect the establishment of the responsibility system.From the perspective of attribution principle,it is more reasonable to obtain the application of no-fault liability principle by integrating civil and commercial theory and judicial practice.From the perspective of responsibility form,by comparing the advantages and disadvantages of each responsibility form in multimodal transport,it is more reasonable to apply the unified responsibility system to the responsibility form of the third-party logistics contract.Applying the responsibility period and responsibility restriction system to the third-party logistics contract can enrich the responsibility system and ensure the safety of transactions.The construction of the third party logistics legal system should not be overrushed,let alone copy foreign regulations.Starting from the nature and characteristics of the contract,combined with judicial practice,can we establish a perfect third-party logistics contract responsibility system,so that the third-party logistics industry can benefit the society.