【作者】 牛锐；

【导师】 傅穹；

【作者基本信息】 吉林大学 ， 民商法学， 2007， 硕士

【摘要】 第三方物流又称合同制物流或契约物流,是以合同为基础产生出的一种商业运营模式。主要指生产经营企业为了集中精力搞好主业,把原属自己处理的物流活动,通过合同的方式委托给专业的物流服务企业,并由物流服务企业通过整合其所掌握的社会资源,达到对物流管理和控制的一种物流运作模式。因其便捷、稳定等特点和服务社会化、专业化的先进形式使第三方物流受到生产企业的欢迎,并已逐渐取代传统的物流形式,成为当今市场经济中一种重要的商品流转模式。由于第三方物流是建立在合同基础之上的,因此加强对第三方物流合同的研究,具有重要的现实意义,这将有助于规范我国的物流服务体系、促进物流业在我国的健康发展,同时也将对我国合同法体系的完善发挥一定的积极作用。更多还原

【Abstract】 The third part logistics, mainly indicates one modal of logistics operation and management by which the business enterprise consigns its own logistics to professional logistics services enterprises belonging to its own management under contracts in order to concentrate to its main business and its resources are controlled by professional logistics services enterprises in order to get the whole logistic management and control. The third square logistics because of its characters of convenience, and the stability etc, and the advanced modal of socialized and professionalized services are welcomed by enterprises. The third square’s logistics mainly shows the features of contract leading, professional scale services and extensive application of electronic commerce etc.The third part logistics has a long history development in the foreign, comparatively prefect legislation and theoretical research and gets the advanced countries’attentions owning to its important affects in business operations. Comparatively, logistics in our country comes out in 1990s and the true third party logistics just steps the first stage. Because of lacing of resources interpretation, perfect logistics system and management intelligence, logistics in our country lays behind, which leads that the law and the economics of our country pays less attention to logistics. So it is necessary to have a deep research to theories of logistics law.The third party logistics is mainly a business operation modal based on contracts, therefore called as contract logistics. Combined with basic theories of contracts, the third party has many features, in addition, the main body of the third party includes the logistics services required party and operating party and fulfilling party.The contract relationship is the relation of rights and obligations among parties. According to the operation modal of the third party, the writer divides the third party into logistics modal of the circulating services and of the integration management, and therefore the third party has the different types. The operation modal of the circulating services are widely adopted in our country, by which the contractual relationship of the parties of logistics contracts is very clear. The third party can accept clients’consignation and deal with goods according to the clients’requirement.更多还原