The relationship between the transportation of goods and logistics regulations

Don't you want to taste something damaged during transportation?

Legal analysis: For the time being, there is no specific logistics law for logistics-related laws and regulations. At present, there are water transportation, land transportation, air transportation, and multimodal transportation, and each mode of transportation has its own management law.

The so-called logistics law is only a general term for the various legal norms involved in logistics activities. The whole logistics activities include transportation, storage, transit, loading and unloading, handling, packaging, circulation processing, distribution, information processing and other basic links.

Law of the law of law basis: "People's Republic of China Road transport regulations" Article 5 engaged in road transport of dangerous goods should ensure safety, transport in accordance with the law, honesty and credit.

The laws and regulations and international conventions applicable to the mode of waterway dismantling and nuclear transport include international maritime transport, coastal and inland waterway transport, the applicable domestic laws, regulations and international conventions, the applicable laws and regulations and international conventions under the land transport mode, and the land transport mode includes railway and road transport, land transport plays an important role in the circulation of goods in the mainland, and railway and road transport have their own operational characteristics.

According to the "Measures for the Administration of the Express Market":

Article 20 In the process of express delivery service, if the express mail (mail) is delayed, lost, damaged and the internal parts are inconsistent, the enterprise engaged in the express delivery business shall compensate according to law in accordance with the agreement with the user.

If there is no agreement between the enterprise and the user on the compensation matters, the compensation shall be made according to the insured amount for the purchase of the insured express mail (mail). For express mail (mail) that has not been purchased, compensation shall be made in accordance with the Postal Law of the People's Republic of China, the Civil Code of the People's Republic of China and other relevant laws.

Article 48 Postal enterprises shall not be liable for the loss of mail due to any of the following reasons:

1) Force majeure, except for the loss of the insured receipt mail caused by force majeure;

2) The natural nature or reasonable wear and tear of the item itself;

3) The fault of the sender and the recipient.

Article 49 After the user has delivered the mail, he or she may inquire with the postal enterprise with the receipt within one year from the date of delivery of the domestic mail, and within 180 days from the date of delivery of the international mail, with the receipt to the postal enterprise.

Inquire about international mail or inquire about mail in remote areas prescribed by the postal administration, postal enterprises shall inform users of the results of the inquiry within 60 days from the date of the user's inquiry.

Inquiries about other mail, postal enterprises shall inform users of the results of the inquiry within 30 days from the date of the user's inquiry. If the mail is not found at the expiration of the review period, the postal enterprise shall compensate in accordance with the provisions of Article 47 of this Law.

If the user does not inquire and does not submit a claim for compensation to the postal enterprise within the inquiry period specified in the first paragraph of this article, the postal enterprise shall no longer be liable for compensation.

First, the general express delivery loss will be compensated several times.

For the loss or damage of uninsured mail or the lack of internal contents, compensation shall be made according to the actual loss, but the maximum compensation shall not exceed 3 times of the fee received for the number of smart shouts.

According to the Postal Law of the People's Republic of China:

Article 47 Postal enterprises shall compensate for the losses of mail in accordance with the following provisions:

1) If the insured receipt mail is lost or completely damaged, compensation shall be made according to the insured amount; If part of the damage or the contents are short, the actual loss of the mail shall be compensated according to the proportion of the insured amount to the full value of the mail.

2) If the uninsured mail is lost, damaged or has a shortage of internal infiltration, compensation shall be made according to the actual loss, but the maximum amount of compensation shall not exceed three times the fee collected; **If the letter is lost or damaged, compensation shall be made at three times the fee charged.

Postal enterprises shall indicate the provisions of the preceding paragraph in the notices of their business premises and on the mailing documents provided to users, in a manner sufficient to attract the attention of users.

Postal enterprises due to intentional or gross negligence caused by the loss of mail, or failure to perform the obligations provided for in the preceding paragraph, has no right to invoke the provisions of the first paragraph of this article to limit liability.

1.The relationship between logistics and law.

A Preliminary Study on China's Logistics Legal System and Legal Practice Jinbo Law Firm Henan Logistics Lawyer Network Zhang Binfeng As an emerging industry in China, modern logistics has received unprecedented attention in China and has developed very rapidly.

Under the market economy system, the healthy development of any industry should be regulated and supported by relevant laws, and professionals who are proficient in the laws of the industry should provide legal services. These professionals are commonly referred to as industrial lawyers in Western countries, and are commonly referred to as professional lawyers in China, such as real estate lawyers, financial lawyers, insurance lawyers, etc.

As far as logistics is concerned, because of its own comprehensive, open, international and other characteristics, including transportation, warehousing, loading and unloading, packaging, distribution, circulation processing, information and other seven links, involving highway, railway, aviation, shipping and many other enterprises engaged in logistics, the establishment of these enterprises and when engaged in logistics service activities, what kind of rules should be followed, how to prevent disputes, eliminate disputes, if there is a dispute, how to deal with the person in the mind and so on. These need to be solved by logistics law and professionals who are proficient in law.

At this stage, for the above problems, we can analyze from two levels: the first level, on China's logistics legislation, because there is no at present.