Qualification of Logistics and the Corresponding Operation and Regulation of Law
Jiang Jun-zhou
Abstract
Jiang Jun-zhou
Abstract
The development of logistics reveals its physiognomy of complexity.The presence of such contract having integrated and multiply prestation as its content rends uncertain legal placement in the form of typical contracts of Contract Law.In the academic world,logistics contract is considered to be atypia contract;because of the lack of consolidated model in the commercial practice and the lack of rules having guidance importance in the juridical practice,the only proper path of the operation of law is legal analogy.According to such line of thinking,the logistics contract should be regulated by the rules of work contract.Certainly,the more pertinent suggestion for the contracting parties is to refine their contract to protect their interests much better and to avoid the application of the rules of typical contracts in the course of settling of the disputes by the judges.Besides the nature of providing services,logistics is doing business.Because such business regards to public interests and public safety,market access comes to be the regulation path of the government.But because the essential of logistics is providing services,it needs to be considered cautiously how to control the dimension of the government regulation.
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The development of logistics reveals its physiognomy of complexity.The presence of such contract having integrated and multiply prestation as its content rends uncertain legal placement in the form of typical contracts of Contract Law.In the academic world,logistics contract is considered to be atypia contract;because of the lack of consolidated model in the commercial practice and the lack of rules having guidance importance in the juridical practice,the only proper path of the operation of law is legal analogy.According to such line of thinking,the logistics contract should be regulated by the rules of work contract.Certainly,the more pertinent suggestion for the contracting parties is to refine their contract to protect their interests much better and to avoid the application of the rules of typical contracts in the course of settling of the disputes by the judges.Besides the nature of providing services,logistics is doing business.Because such business regards to public interests and public safety,market access comes to be the regulation path of the government.But because the essential of logistics is providing services,it needs to be considered cautiously how to control the dimension of the government regulation.
Key concepts: Business, Government (linguistics), Work (physics), Analogy, Dimension (graph theory), Law, Contract management, Law and economics