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Analysis of the current situation of the Chinese logistics legal system
Analysis of the current situation of the Chinese logistics legal system
Abstract. With the development of the social economy, the development of the modern logistics industry is the outcome of the benign interaction between the objective economic basis and the legal order of the market. The structure of the logistics market in China is gradually changing, but the development of the legal environment of logistics that will promote the development of the logistics industry is lagging behind, seriously restricting the development of Chinese logistics and the adjustment of the overall national economic structure. With the pace of the economic development in China, Chinas opening up, and the further internationalization has become an important strategy. The construction of the rule of law of the logistics system in China has become a major theoretical issue in the jurisprudential study.
This paper mainly analyzes the present situation of the legal system of the logistics in our country, and puts forward the feasible suggestions and countermeasures on the problems in Chinas logistics legal system.Keywords: Logistics legal system; analysis of the current situation; development1. Introduction
Economists have pointed out that the North American Free Trade Area, the European Union and China are the three regions in the world which are more suitable to do the logistics. To do the logistics needs certain conditions: first, there must be certain GDP. The GDP in the countries such as China, Europe, America, Japan, and Britain is relatively high. With the GDP, there will be the market, and there will be the logistics demand. Secondly, there must be the realistic conditions.
At present, the development of Chinas logistics industry lack the scientific overall planning and design and the comprehensive logistics regulations and policies with the international standards, and the level of the informatization and the standardization is low. The logistics enterprises do not adapt to the needs of the social development, showing the department and regional characteristics, with poor mutual coordination, resulting in a waste of resources. There is a shortage of the logistics talents, and the level of services is low, and the efficiency is not high. The construction of the logistics industry is far behind the development. There are also a series of problems in the safety and management of the transport of logistics, and the construction of the corresponding legal systems, which we must solve as soon as possible.1-2. Research meanings
Since the reform and opening up, has there are more than thirty thousand laws and regulations implemented in Chinas logistics industry, which play an important role in the development of various industries in the field of logistics. But there is still a big gap with the requirements of the modern logistics, and in terms of the relevant policies and regulations, there is a lot of work to be done. Chinas existing laws and regulations relevant to the logistics are the department and regional regulations, which often have the color of departmental or regional protection. The entry and exit of the logistics market, the competition rules and so on have no unified laws and regulations to follow. This legislative situation is not conducive to the further development of the international logistics industry. So it is necessary for us to probe into the theories of the relevant legal issues of the logistics industry.
2-1. The definition of the modern logistics
The so-called logistics refers to the process of the flow of the entity objects from the suppliers to the receivers, and is to organically combine the transportation, storage, loading and unloading, handling, packaging, distribution processing, distribution, information processing and other basic functions according to actual needs. Modern logistics are a strategic measure with meeting the customer demands as the goal, and taking the manufacture, transportation, sales and other market situations into unified consideration, and it pursues lower costs, and the improvement of the efficiency and service levels, thus enhancing the competitiveness of the enterprises. In practice, many logistics companies vary widely in their own conditions, the concepts of logistics and the service modes, and the business focuses are different, respectively at different positions in the logistics chains. But from the macro perspective, the logistics services can be divided into three aspects of the management of the supply chain, the logistics service and the physical distribution service.
2-2. The basic concepts of the logistic law
The current educational circles generally define the logistic law as the legal norm to adjust all kinds of social relations generated due to logistics activities. This concept is more extensive, and the social relations in all aspects of the logistics activities can be incorporated into the category of the logistic law. The form of the logistic law, to sum up, has mainly two kinds of patterns. The first is the model to regulate and adjust the logistics, according to the unified logistics law. A typical representative of this mode is Japan whose modern logistics industry is developed. Japan formulated the unified logistic law in 1990. But after 20 years of practice after the Japanese formulated the unified logistic law, it is found that due to the extensive logistics activities in the real life, a country is very difficult to adjust the national logistics activities only with a unified logistics law. Therefore, it adopted various related logistics regulations with the unified logistic law to adjust the logistics activities. The second model is the one to adjust the logistics activities directly through the logistics related laws and regulations without the unified logistic law, which is currently used in China. Our country has no unified logistic law, and the adjustment of the social relations caused by each link of the transportation of logistics is completed based on the General Principles of the Civil Law of the Peoples Republic of China, Contract Law of PRC and a series of other laws and regulations.3. The present situation of the development of the logistics industry in China
In 2012, the total social logistics in our country were 177.3 trillion Yuan, with the year-on-year increase of 9.8% according to the comparable prices. The added value of the national logistics industry was 3.5 trillion Yuan, with an increase of 9.1% over the previous year according to the comparable prices. The total social logistics cost was 9.4 trillion Yuan, with the growth of 11.4% compared to the same period. The ratio of the total social logistics cost and the GDP is 18%. By the analysis of the above data, we can know that Chinas logistics industry has a high growth rate, and at the same time, because there is a big gap in the ratio of Chinas total logistics cost to the GDP compared with the developed countries, the logistics industry has the broad prospects for development and the enormous development space. Therefore, the logistics industry has been known as the third profit source of enterprises. At present, there are several characteristics of the rapid development of Chinas logistics industry:
3-1. The development of the logistics industry has been refined.
With the wide spread of the advanced concepts, methods and techniques of the modern logistics management, a considerable number of enterprises understand the engineering of the logistics process or adopt the outsourcing service forms to strengthen the level of the logistics service itself. The logistics enterprises in the traditional sense (such as the transportation companies, the freight proxy companies, the warehouse storage companies and so on) can integrate the functions through the integrated and full-covered ways, extend the services towards the procurement, finance, commerce and trade circulation and other directions, for the transformation of the modern logistics enterprises, to provide better, systematic, and integrated logistics services for customers. And the new logistics enterprises that can provide the customers with the professional and diversified logistics services are springing up and rapidly developing. The logistics industries are sustainable development towards the direction of subdivision. The professional logistics of the new model such as the cold chain logistics, the green logistics, the pharmaceutical logistics, the energy logistics, the dangerous goods logistics, the returned logistics and the special logistics constantly come into the market. The above trends show that the precise level of Chinas logistics industry is significantly improved.3-2. The degree of informatization of the logistics industry is high.
The logistics industry has the characteristics of across the industries, areas, and borders, and at the same time, as newly emerging and developing industry, the informatization is the soul of the modernization of the logistics. The level of the informatization of modern logistics is constantly increasing, which is an important manifestation of the rapid development of the logistics industry. Using the commercial model to deal with the logistics information, the database and the code from collecting logistics information, the digital and electronic means to transfer the logistics information, the standardized and real-time method to transmit the logistics information, and the digital form to store the logistics information are the important technologies of the logistical information
The logistics information system of the logistics industry in China has experienced the developing model from the single logistics system originally used to the logistic public information platform sharing the information, and in the systematic ERP system. The informatization of the logistics industry is moving toward the direction paying more attention to the electronic commerce, and is developing toward the visualization, intelligence, and the network. The informatization has gradually become an important driving force for the development of the logistics industry.
Many far-sighted logistics enterprises, to improve their business levels and better integrate into the global logistics network, actively focus on the development of the logistics informatization, and bring in all kinds of advanced systems of the informatization of the logistics with more functions.
3-3. The logistics industry has a better policy environment of the development.
With the issue of Opinions on the policies and measures to promote the healthy development of the logistics industry in 2011 by the General Office of the State Council, the environment for the development of the logistics industry in China has obtained continuous improvement. Many relevant policies for the development and the reform plans based on the views are issued and implemented, which better promote the development of the logistics and further improve the policy environment for the development of the logistics industry, particularly the following key points. First, the tax policies are improved, and part of the modern logistics industries officially launched the tax pilots of replacing the business taxes with the value-added taxes, and the pilot ranges expand from Shanghai to 12 provinces, municipalities directly under the central government and the cities specifically designated in the state plan. The total number of the pilot enterprises is more than 1300. Second, the transport codes are further put in order. In 2012, the cleaning work of the unreasonable highway charging items and the road irregularities was over, 771 projects are investigated which required rectification, and the unauthorized collection of fees of the highway in the logistics field is improved obviously. Third, allow and encourage the private capital to enter the field of the logistics. Road, waterway, railway, civil aviation and other logistic fields of the infrastructure only depending on the national investment for a long time, gradually allow and encourage the private capital inflow, which is more conducive to the construction of the logistics infrastructure. Fourth, parts of the unreasonable charges are canceled. Along with the deepening of the reform of the administrative examination and approval of the sixth round, part of the administrative fees involved in the logistics industry are cancelled and exempted, and some of the administrative examination and approval items of the logistics industry are cancelled and adjusted.3-4. The logistics industry has a certain basic facilities.
The scale of the transport facilities, as the important facilities for the development of the logistics industry, has a great impact on the development of the logistics industry. By 2012, the mileage of Chinas railway business has reached 98 thousand kilometers away from the worlds second, which increased by 18 thousand kilometers compared with 2008. The national highway mileage was 96 thousand kilometers, which increased by 35.7 thousand kilometers compared with 2008. The whole country has as many as 3.1968 thousand port berths, among which the coastal berths above 10 thousand tons of class have 1762, which increased by 595 compared with 2008. China has 183 civil airports, which increased by 23compared to 2008.
4. The problems of Chinas logistics industry
The development of Chinas logistics industry has made a series of achievements, but such achievements cannot cover the factors that the overall level of the development of Chinas modern logistics industry is still not high, and compared with the logistics industries in the developed countries, there are also remarkable differences, and its own development process has some outstanding problems to be solved. There are the following questions in Chinas logistics industries:
4-1. Low efficiency and high cost of the logistics
The efficiency of Chinas logistics operation does not match the logistics size, which has the characteristic of low efficiency. From the analysis of the statistical data, the rate of Chinas total social logistics costs to the GDP is about one time higher than the developed countries, and the low efficiency means that the input and the output are not proportional, and the quantity and the quality are not proportional. This is also a prominent feature that the whole level of Chinas modern logistics industry is relatively low. The prominent reason for this phenomenon is that most of the logistics enterprises of our country have not yet developed, and in both the size and the management, there are many deficiencies. The smaller size of the enterprises determines that the vast majority of the logistics enterprises can take a more single mode of operation, but in the management, they are relatively dispersed. There is a phenomenon that a large number of the logistics departments are fragmented, making them their own systems, and act of their own free wills, which is difficult to form the resultant force. The lack of the comprehensive largest logistics companies that can take a variety of operating modes makes the invalid operations increased a lot, which shall remain free from warehousing, transportation, distribution to other links, which will directly reduce the logistics speed, and greatly improve the logistics costs, forming a huge waste. And eventually it will make the efficiency of the whole logistics industry low, and the performance poor, which is difficult to form strong core competitiveness, and is difficult to provide a high level of logistics services, especially in the face of the integrated logistics service demand of the large multinational companies. Gao Quan. On the improvement of the legal system of the market access of Chinas logistics [J], China circulation economy, 2011, 25, (3): 109-113, 2011, 03, 023
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