Henan legal environment of modern logistics analysis

Summary: Central Plains Economic Zone Development is written into the national "five" plan, as the most active Economic Development and the main supporting factors of the logistics industry faced a rare opportunity for Development. The legal environment in the Development of modern logistics industry needs many conditions occupy a pivotal position as the central zone of the main Henan Province, is facing logistics Development in the legal environment to build the project. This focus on analysis of the legal environment of logistics status of Henan, Henan logistics efforts to find legal ways and means of environmental construction.

Keywords: modern logistics, legal environment, the central zone

First, the status of Henan and the legal environment of logistics problems
The rapid development of logistics industry in Henan, Central China's Economic construction in particular, Central China's implementation of the strategy, Henan logistics industry is facing a big development in the spring, but the existing legal environment can not meet the rapid development of logistics industry needs.

(A legal system in Henan logistics problems still exist
1, the logistics of Laws and regulations there are not suited to the needs of modern logistics industry development, international integration can not meet the requirements of most logistics Laws and regulations are the legal transformation of the old and in use, to the planned Economic system to rely on legal its application there is a large scientific problems, especially to join < > The Economic situation after the legal relationship to promote diversification of logistics, international past logistics Laws and regulations is obviously very difficult to adapt to dramatically change the situation.

2, logistics Laws, regulations, lack of systematic fragmentation of legal relations in the adjustment process of conflict-prone
As the logistics of legal matters and more complex, chaotic, and adjust the part of many legal norms are too scattered, combined with China's legal construction is growing in the entire logistics industry in the process of trial and error for the formulation of Laws, regulations of the body is more than one department, these sectors in the process of communication and logistics industry is not full, fragmented, resulting in logistics laws, regulations, lack of systemic and systematic, or even a conflicting phenomenon.

3, the legislative level is low
China's logistics industry, there is no legal regulation of a complete system of logistics law, many logistics laws and regulations at the legislative level is very low, low level of Technology and legislation, leading to these laws and regulations is not strong operational, transparency, and effectiveness of the adjustment range not ideal.

4, Logistics vacancy exists in the legal system.

Some of the logistics industry in the beginning mainly for cargo transport, logistics and legal construction was therefore primarily to develop the legal regulation based cargo Subsequently logistics laws, regulations and continuous improvement of the legal relationship of logistics units in the building expressed as a legal lag and therefore did not cause some of the legal relationship of logistics to adjust laws and norms.

(Two subjects of legal relations of the conditions are not clear
The development of modern logistics in China short time, coupled with the planned economy, the environment constraints, the real meaning of modern logistics enterprises rare, because Henan is located within the coastal economic zone radiation area at the circumference, modern logistics is one of the few small enterprises. the vast majority of the development trend is still stuck in the traditional logistics companies logistics operation phase, small-scale, low efficiency, can only provide single operation, while providing modern logistics enterprise network design and purchase of goods, transportation, transfer, storage, management, processing and the whole process of service delivery. Logistics systematic, standardized, specialized, far from the common form of modernization. "weak, small, scattered," has long been the industry's assessment of the logistics enterprises in Henan Province, while the "house, a table, a telephone, "the" Three Ones "Logistics companies are obviously in the present international environment in the logistics market is how weak competitiveness. From the logistics point of view the status of subjects of legal relations, Henan great development of modern logistics industry, a large leap to be the subject of legal relations on the logistics for a major integration, re-defined. Subjects of legal relations on the qualifications of the logistics and market access conditions should be carried out scientific studies and making clear specifications.

(C norms of behavior problems of logistics
As the level of different logistics actors, both good and bad behavior makes the logistics performance in a wide variety of market competition, many of the "edge ball" behavior is very common and what is more, between the empty night logistics companies, customer goods, money is also missing. coupled with the logistics involved in acts of road, waterway, railway, civil aviation, postal services and many other fields, China's Henan Province, till the market in these areas is still in the initial stages of construction, construction is not sufficient and many logistics companies are just to act as a simple logistics of transportation, not from the perspective of the trading process to design the logistics process and the requirements of the various indicators, this series should have a specialized logistics logistics behavior of laws, regulations or constraints in order to regulate the real to ensure the logistics of the main rights, but also to the modern logistics in the Central Plains Economic Zone in the function.

Dispute the verdict in the logistics execution is the same as a big problem plagued the judiciary from the executive on the quality of personnel and means of implementation need to be further strengthened.

(Four data protection legal issues
Logistics information as relates to the security of goods in circulation, the main different between the logistics can not pass a little distortion and loss. "Secure, accurate and fast" is the logistics information transmission life. Logistics information is accurate, timely delivery should be must also have laws to regulate the relevant logistics. Henan Province is not sufficient because of the logistics industry, market immaturity and other reasons, logistics information in the absence of legal protection or status. logistics information protection laws generally refer to the relevant provisions of other departments, These provisions in the privacy, accuracy and security have made the specification, but quickly made clear that while there is no other words, other departments in adjusting the transmission of information in logistics is not targeted.

Second, the legal environment in Henan construction of modern logistics focus
(A legislative plan
Logistics involved in a wide range of legislation, involving many departments, laws and regulations, many levels, and time is running out, complete and long-term planning should be early identification of legislation to safeguard the unity and integrity of the legal system.

1, involving a wide range of Logistics in the information flow corresponds to the <<Intellectual Property Law>>, corresponding to the flow of commerce <<Commercial>>, cash flow corresponding to the "Financial Law>>, and logistics law is a complete field of law, logistics means the continuous development of Technology and logistics, the logistics and legal issues will be the introduction of more and more, therefore legislation in the logistics and planning should take into consideration the overall situation.

2, involving many departments. Legislative act as the logistics involved in many areas of logistics with cross many departments have in the legislative plan logistics coordination between various departments to achieve legislative goals as a prerequisite.

3, the laws and regulations, many levels. Logistics legislation there are many different levels, at the national level of sectoral legislation and regulations also have local laws and regulations. Henan logistics legislation, the Henan government's local laws and regulations to develop, but also the related management methods, regulations and government policies in the legislative work is also required at the end rain readiness to stay.

4, the pressure of time. The rapid development of logistics industry, logistics Technology, logistics and means of updating, logistics information management and delivery methods are gradually shortened upgrade cycles, the continuous generation of new legal issues, while the need for legislation to follow strict procedures, From drafting a law to introduce, at least three to five years. logistics legislation and logistics of long periodic legislative requirements on the urgency of forming a pair of variability is difficult to reconcile the contradictions, we need to continue to improve the legislative mechanism try to meet the information needs. Links to free download http://www.hi138.com (two to determine the legislative principles
1, strengthen collaboration, co-ordinate planning. Legal environment is a huge systematic project, Henan is the central zone of the main area, not only to solve the functional departments of Henan, the local coordination at all levels must also solve the local and overseas, the tissue between the central and local coordination. policies must break the limitations of fragmented, coordinated steps to balance the interests of all parties to remove barriers to the development of the system.

2, based on reality, a modest advance. Logistics legislation must be in advance, so to prevent because of the logistics industry and related Technology and the rapid development of the means constantly changing the law, the law is conducive to maintaining stability and seriousness. However, this advance is modest advance, impractical to engage in one step, which often results in too far.

3, both international and local. The development of logistics industry development policies and regulations to adapt to the demands of globalization, drawing on the world's advanced countries and coastal areas of logistics legislation beneficial to explore, in the legislation for an appropriate legal migration is also something that is not a valid approach. logistics policies and regulations should be developed with international standards, taking into account the Chinese and local characteristics, and strive to model and management model in the Legislative two aspects of the innovation.

Third, strengthen policy guidance highlights the government regulation
In order to make their own logistics companies in the 21st century continue to maintain and have a stronger international competitiveness, the Japanese government in the process of building the logistics system, always plays an important role in guiding and guidance Important features of the strong leading role for the government, clearly established by the Government in developing the logistics of programmatic policy document to guide its overall logistics development policy measures. the entire logistics industry in the macro-management of administrative policies, measures and planning-based, supplemented by legal regulation to the market. l 996 years, the Japanese government in its <<changes in economic structures and the creation of planning>> file that "logistics reform in the economic structure is one of the most important issue", and Planning: "By 2000, it is necessary to achieve logistics cost efficiency, but also to achieve no less than world-class logistics services. "To this end the Japanese government that" all relevant agencies to come together to promote the development of logistics policies and measures. " In this spirit, in April 1997 and July 2001 by the two Cabinet meetings and published <<integrated logistics facilities strategy outline>> and <<the new policy outline integrated logistics facilities>> to promote and improve the already more advanced Japan's logistics system and toward more advanced, scientific and rational development of the target
The logistics industry as a relatively new industry, faced with new development. Logistics Technology and logistics means fast updates, while the law-making cycle varies from three, five, as many as ten or twenty years. In addition, after the law is not a rigorous development program can not be modified. This characteristic form and logistics industry is a paradox that case, government policy has developed because the time is short, flexible and content requirements in the logistics industry to guide has a unique advantage.

Henan Province, in promoting the development of the logistics industry has done a lot of useful exploration, as early as 2001, the Zhengzhou municipal government put forward the idea of ​​the development of modern logistics industry in 2002, Zhengzhou City, commissioned by the Chinese Federation of Logistics and Purchasing to develop for the Zhengzhou a <<Zhengzhou modern logistics industry development plan ", 2003, the municipal government in the" planning>> based on the planned three logistics parks, ten logistics centers, in June 2005, it announced <<speed up the modern logistics industry views>>, taxation, land, fees, market access and other aspects of the specific preferential policies of fostering .2005 September 20, 2005 China (Henan) International Logistics Expo in Zhengzhou City Zhongyuan International Expo Center kicked off from the more than 200 domestic and foreign logistics companies exhibiting, and the province l8 provincial cities are setting up of the booth, showing the development of logistics in the region's planning and vision, which is the second in September 2005 9 <<China Modern Logistics Center, Zhengzhou Development Plan>> officially unveiled, and Zhengzhou, the province was re-logistics sector as well as national concerns. Zhengzhou, this inland city "Logistics Vision" was once again portrayed a real blueprint, the blueprint, the development prospects of the logistics of Zhengzhou City, is clearly visible: in 2010, it will become a modern logistics center in central and western regions, the country's major logistics center initially established by 2020, Zhengzhou, will build the country's major modern logistics center and an important international logistics nodes in the future development of logistics industry in Henan province's specific circumstances should be to formulate appropriate policies to guide the province's few modern logistics and logistics industry direction.

Fourth, the establishment of dynamic legal environment
To meet the dynamic needs of information, the corresponding dynamics of the legal environment is necessary, it is the logistics industry, the traditional legal system's basic task, or that the legal environment of activity determines the extent of the development of modern logistics industry with the fit To promote modern logistics dynamic legal environment should do the following: First, try to implement the principle of technological neutrality legislation to seize the legal nature of the relationship, and enhance the legislative inclusive and scalability to maintain the legal structure of scalability, Second, to meet the special needs, simplify legislation and amending laws and procedures so that the legislative process more flexible, and the third, increasing judicial activity, in some areas and specific sectors, law enforcement officers may consider giving greater freedom discretion, it can make full use of the necessary general description of the role of legal principles, the creation of some interesting cases, the fourth, fully mobilize the civil society organizations in the legal system, can include assessment, authentication, mediation, issue opinions, and intermediary services multiple links.

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