Settings. With the development of economy, the legislation of private law has broken through the original model, been widely stipulated in various civil and commercial codes, and is developing towards codification.
The focus of the discipline lies in its theoretical part, which is reflected in the teaching materials, that is, the contents of the first four chapters. Specifically, the theoretical history of private law, the structure and types of conflict norms, the determination of applicable law, renvoi and the maintenance of public order are the focus of these four chapters. Starting from the fifth chapter, it belongs to the discussion part of private law, which mainly solves the legal application problems of various foreign-related civil relations, so the part of each chapter about the legal application is also very important.
Private law is an internationally recognized legal discipline, which mainly solves the application of law in foreign-related civil relations. There are great differences in the legislative methods of private law in different countries, mainly in three ways: codification, special chapter and decentralization Switzerland, Japan and other countries stipulate private law in the form of code, that is, code style; Our country stipulates the content of private law in different codes, which is a typical decentralized legislation. Civil code, maritime law, private law, inheritance law, intellectual property law and other laws all have relevant provisions of private law. Strictly speaking, it is not comprehensive to say that private law is only stipulated in the general principles of civil law. The civil and commercial codes of various countries have scattered provisions on private law.
Private law is a legal department with foreign-related civil relations as the adjustment object, foreign-related legal status as the premise and conflict resolution as the core, which is composed of foreign-related legal status norms, conflict norms, unified entity norms and civil litigation and arbitration procedure norms. In short, * private law is the legal department that resolves conflicts of laws. Both the adjustment of conflict norms and the adjustment of unified entity norms are aimed at solving legal conflicts.
* The object of private law is mainly legal facts, including things located in foreign countries, things happening in foreign countries and so on. * The object of private law adjustment is foreign-related civil relations, which refers to foreign-related property relations and personal relations related to foreign-related property relations. This foreign-related civil relationship has the following characteristics: first, it is foreign-related, including three aspects: the subject is foreign-related, that is, one party of the civil relationship is a foreigner; The object is foreign-related, which means that the guests of foreign-related civil relations are in foreign countries; The content is foreign-related, which means that the legal facts of foreign-related civil relations or the rights and contents called foreign-related civil relations occur abroad. 2. Guang * refers to foreign-related civil relations, which not only refers to civil relations in a general sense, such as foreign-related marriage relations and foreign-related inheritance relations, but also includes foreign-related economic relations such as goods sales, goods transportation, goods insurance, payment for goods and investment. Third, foreign-related civil relations are embodied by economic relations and civil relations between natural persons and legal persons in different countries. On the surface, this relationship is between natural person and legal person, but in essence, this civil relationship is determined by the relationship between countries. A country's foreign policy, relations between countries and economic relations directly affect the civil relations between natural persons and legal persons in different countries.
The "estoppel principle" in private law refers to the promise made by the parties when signing a contract in economic exchanges, which is irrevocable in the future. The estoppel principle originated from British case law and was accepted and developed by the United States. Now, countries in common law system have stipulated this principle in the form of case law and statute law. Although this principle is not clearly stipulated in the legislation of civil law countries, the principle of good faith determined in the legislation of civil law countries also contains reasonable factors of estoppel principle, and some countries apply it as a routine.
Unilateral conflict norms refer to the subordinate relationship of conflict norms, which directly indicates that foreign-related civil relations are only applicable to domestic laws or only to a specific foreign law. Bilateral conflict norms mean that the attribution of conflict norms does not indicate that domestic laws or foreign laws are applicable to foreign-related civil relations, but points out an objective sign or puts forward a principle of legal application. According to this objective sign or the principle of law application, combined with the facts of foreign-related civil relations, it is determined whether domestic law or foreign law should be applied to foreign-related civil relations. Take an example of bilateral conflict norms: the law of the place where the infringement occurred shall apply to the compensation for the damage caused by the infringement. The connection here is that the law of the place where the infringement occurred can be domestic law or specific foreign law. Therefore, it can be decomposed into two unilateral conflict norms belonging to domestic law and a specific foreign law respectively.
The law takes social relations as the adjustment object, and any law can be made. * Private law is based on foreign-related civil legal relations, and can be applied to foreign-related marriage relations, foreign-related inheritance relations, foreign-related tort relations, foreign-related contract relations, foreign-related sales relations, transportation relations, insurance relations, payment relations, investment relations, etc.
After China's entry into WTO, foreign-related civil relations will widely penetrate into all fields of our country, and it will flood our daily life, just as we have to abide by traffic laws and regulations when walking, and schools have to abide by rules and regulations. Therefore, it is closely related to real life and has very important practical significance.
Experience of Logistics Training Part II The first "Longteng Cup" Logistics Knowledge and Skills Competition was held in our college. As a part of logistics training, all second-year logistics management students participated in the training. In just one week, I learned a lot of practical basic knowledge. Before the training, the teacher grouped all the students. I am in the technical team, mainly responsible for the placement of items at the competition site. Therefore, we have a deeper understanding of logistics warehouse, handling, packaging, distribution and information processing. On the first day of training, Mr. Cui Hui taught us how to use various trailers. Our modern logistics training base mainly uses three kinds of trailers, namely, small flatbed, local cattle and stacker. The stacker is heavy and difficult to operate. At the same time, under the leadership of Mr. Cui Hui, we used local cattle to transport many bricks (packed in boxes and used as articles during the competition) from the campus to the training base. The next day, under the guidance of Mr. Wang, we put labels and red stripes on the storage site to distinguish the boundaries of the site. Logistics warehousing has strict requirements for the work of the site, such as the placement of trucks and the handling route of goods. The work after that also benefited a lot. Fold the box and stick a bar code on it. Because the boxes are not separated, but many boxes are put together. Therefore, the bar code must be outward when sticking the bar code, which is beneficial to the staff to improve their work efficiency.
Later, due to objective reasons, he was transferred to the Olympic Sports Group, and Zhang Yang led us to practice, mainly serving the competition of the teaching staff group.
At the lottery ceremony, the teacher's question to the host made me understand the connection between physical stores and warehousing. On the day of the competition, I served for the faculty competition in the administration building. The competition between the staff group and the student group is completely different, mainly the defense. The judges asked some questions about the contestants' papers and asked all the teachers to answer them. Mainly based on the understanding and understanding of all aspects of the logistics industry. The competition of the student group pays more attention to the operation ability, including goods distribution, handling and information processing. Time is very strict. In fact, it is the number of orders completed per unit time. In the end, the student group won the first place in our school. In this training, we can fully understand the relevant operation processes of logistics enterprises, enhance our perceptual knowledge, and further understand, consolidate and deepen our theoretical knowledge, so as to understand the operation mode, combine our professional knowledge with concrete practice, and improve our comprehensive professional quality and practical ability.
At the same time, I also understand the importance of the team. Competition is not a person's business. Some people are responsible for the loading and unloading of goods, some are responsible for the transportation of goods, and some are responsible for the packaging of goods. Everyone gathers firewood and the flames are high. In the future, we should not carry forward individual heroism, put individual interests above collective interests and attach importance to collectivism.
As students majoring in logistics management, they should apply what they have learned in the employment competition, apply what they have learned and serve the society. Usually, I study more theoretical knowledge related to my major. But today, under the situation of economic globalization, especially this year's financial crisis and the extremely sharp employment form, we should not only learn theoretical knowledge from textbooks, but also combine theory with practice to gain more experience, so as not to lament that "books are rarely used later."
Today, we have the opportunity to get in touch with the actual jobs in the training, closely combining the professional knowledge we have learned every day, and let us deeply realize that learning is an interlocking link. So that we can better adapt to our future study and work when we are about to enter the society.
Time flies, I have been working in Changzhou Branch of City Star Logistics Co., Ltd. for three weeks.
In the internship process of logistics management post, I always regard learning as an important way and method to acquire new knowledge, master methods, improve ability and solve problems, and earnestly arm my mind with theory, guide practice and promote work. Only by actively thinking and actively using our existing knowledge in social practice can we test the usefulness of knowledge in practice. During the two-month internship, my feeling is that we have learned a lot of theoretical knowledge in school, but rarely used it in social practice, so that theory and practice are greatly out of touch, so that we can't find the direction in our future study and life, and apply what we have learned. At the same time, continuous learning at work is also an effective way to make up for one's own shortcomings. In the information age, society is changing and people are changing. If you don't study, you will fall behind. Through the two-month internship, combined with the actual situation of the logistics management post, I have carefully studied the policies, management systems and work regulations of the logistics management post, so that the difficulties in my work can be solved most effectively. Through the study of these work regulations, I have further deepened my understanding of all the work and been able to carry out all the work pragmatically. In the post of logistics management, I treat every job with a serious and responsible attitude. Although at first I felt that I couldn't find anything to do and get the purpose of exercise because of my lack of experience and understanding, I quickly started to find reasons from myself, communicated with my colleagues, realized my own shortcomings, and quickly changed my role and job orientation. In order to make myself familiar with the work and enter the role as soon as possible, on the one hand, I take the time to consult relevant materials and get familiar with my job responsibilities, on the other hand, I humbly ask leaders and colleagues to give myself a more systematic and comprehensive understanding of the work of logistics management positions. According to the actual situation of logistics management post work, combined with their own advantages, grasp the key and difficult points of the work, and try their best to complete the tasks of logistics management post. During my two-month internship, I was often praised by my colleagues and leaders.
Finally, in the new month, I will spend more spare time learning accounting from the leaders. Learn more knowledge.
The third experience of logistics training. Training location: Suning Distribution Center
Three. Training purpose:
This Suning training is an important teaching method to strengthen students' social practice ability, and it is also an important measure to integrate theory with practice and improve teaching quality, aiming at enhancing students' perceptual knowledge of logistics activities, logistics processes and logistics development status. Through practical training, students can consciously and actively combine the theoretical knowledge they have learned in school with their work practice, find out their learning gaps according to the actual work situation, exercise their ability of independent thinking, analysis and problem solving, and lay a good foundation for future work.
Four. Company profile:
Nanjing Suning Logistics Base is located in Yuhua Modern Comprehensive Logistics Park, which integrates Suning Appliance service headquarters, logistics distribution center, after-sales service center, customer service call center, training center and national data center. It is the third generation integrated logistics base of Suning Appliance, covering an area of 350 mu.
Verb (abbreviation of verb) specific content of training:
I work in Suning central warehouse, mainly engaged in picking and distributing goods. Before work, the warehouse supervisor showed us around the central warehouse and explained its layout principles. My first impression of Suning Warehouse is its large scale and many kinds and quantities of household appliances, which fully demonstrates the core competitiveness of Suning Company. Then the supervisor introduced us to the workflow of the warehouse. Suning's warehouse mainly has four functions: receiving goods, storing goods, storing goods and delivering goods, and each work needs a good link to ensure the smooth progress of the whole work. My specific job is to transport the goods on the high-rise shelves to the storage space with tools. Although it is an ordinary work, it should be taken seriously. On the first day of this job, I used a hydraulic forklift to carry goods. Maybe he just left school and couldn't adapt. I felt very tired on the first day, so I went to bed early after taking a shower. The next day, I began to learn how to carry goods by electric car. I often ran into it at first, but I was not discouraged. After studying hard for a while, I can finally deliver the goods independently. After using the battery car, it is much easier and more efficient to transport goods. But the goods still have to be moved from the battery car to the goods storage area, and the skin on the hands is often worn off. Sometimes it hurts when you accidentally hit your leg, but I thought.
Views on practical training of intransitive verbs;
In practice, I have learned a lot that books can't. The combination of theoretical knowledge and practice has made me understand that practice is the only criterion for testing truth. Only when I walk into practice can I really understand the meaning of theory. Some work seems simple, but it is not easy to finish. Only through constant practice can we complete the task well. At the same time, this practice makes me more deeply realize that with the sustained and rapid development of national economy and society, modern logistics industry has shown a good development momentum in its initial stage, but overall, the overall level of modern logistics industry development is low and it is still in its initial stage. The existing development is incompatible with good location and transportation advantages and strong market demand, and there are still many problems and constraints in the development process. At present, logistics companies
Facing the problem of more and more batches but smaller batches, we must expand the scale, speed up the construction of information network and financial network, learn from foreign experience and practices, and make the logistics industry stronger.
The experience of logistics training Part IV The two-week training is over. In the past two weeks, we have been training in the computer room every day. Through the training of TPL virtual system, we know that TPL (third party logistics) refers to the logistics operation mode that logistics services are completed by a third party other than the supply and demand sides of logistics services. The third party provides part or all of the external services of logistics functions for both parties to the logistics transaction, and completes the logistics (transfer of commodity entities) in the form of electronic transmission through the network. In this virtual world, we have experienced the role of logistics master.
I. General operation contents
1. First, you should register a logistics company. After registration, you can assign roles to logistics companies. There are four roles: management center, dispatching center, transportation center and storage center.
2. Management Center: A newly registered logistics company must first purchase some resources in the logistics market, then make a quotation, apply for a long-term partner, or receive some loose orders in the market. In the management center, you can also carry out the company's resource management, contract order management, financial management, accident handling, advertising and so on.
3. Dispatching Center: In this module, received orders (long-term orders, short-term orders and outsourcing orders) can be dispatched and delivered. It can be merged according to the starting point, ending point and time of the order, and some effective mergers can bring more profits. After the merger, suitable vehicles can be selected for distribution, and transportation plans and warehousing plans can be automatically submitted.
4. Transportation Center: In the transportation center module, the submitted road transportation plan can be processed: select vehicles to drive to the warehouse and load them? Issue? Unload the goods. In the process of loading, unloading and transportation, risk accidents have increased.
5. Warehouse center: some operations such as warehouse business, warehouse sorting, inventory counting, inventory inquiry and warehouse resource management can be performed in the warehouse center.
Two. Specific operation flow
1. Register a new logistics company: Shishun Logistics Company.
2. Go to the management center to buy the resources the company needs. According to the transportation needs, I bought 1 S-I, 2 S-II, 2 M-I, 7 L-II, 1 L-III. In Beijing and Tianjin. Shandong, Zhejiang and other places have bought warehouses of 1000 square meters each. And recruiting drivers, retaining drivers, etc.
3. Only when you have fixed assets can you go to the market to make a quotation and sign a long-term partner. Take expressway quotation as an example: the system calculates the monthly depreciation expense according to the reported depreciation years->; The system calculates the average consumption according to the driver's company, and calculates the monthly variable->->; The system calculates the monthly cost (fixed cost+variable cost) and the base price per ton > fill in the LTL quotation and vehicle quotation according to the base price. Because the company has certain fixed assets and high risk value, it has been adjusted several times before the quotation is adjusted to a reasonable price. that
His mode of transportation quotation process is similar to highway quotation. In the later operation, several quotations were made, which made the price more reasonable and more in line with the market situation.
For those who apply for long-term cooperation, because the company has certain financial resources and fixed assets, it is easy for two companies to sign contracts with the company. Among them, I am deeply impressed by these regulations, and I think we must pay special attention to them when signing the contract, because it is a constraint and guarantee for the specific responsibility of the logistics company: the carrier's responsibility.
(1). If the vehicle is not delivered according to the time and requirements stipulated in the contract, the carrier shall pay liquidated damages to the shipper (liquidated damages = freight of this bill ×5%).
(2) If the carrier transports the goods to the destination or consignee by mistake, it shall transport them to the destination or consignee agreed in the contract free of charge. If the goods are delivered late, the carrier shall pay liquidated damages for the delay.
(3) The carrier shall compensate the shipper for the loss, shortage, deterioration, pollution and damage of the goods caused by the carrier's improper safekeeping.
(4) If the goods are lost, short, deteriorated, polluted or damaged due to the following reasons, the carrier shall not be liable for breach of contract: natural loss and property change of the goods caused by force majeure (such as debris flow, earthquake, subsidence, rainstorm, blizzard, fog, etc.). ); Losses caused by the shipper's misstatement or concealment; The goods are well packed, but the internal goods are short, deteriorated or damaged; The shipper violates national laws and regulations, and the goods are detained, abandoned or otherwise disposed of by the relevant departments; Other verified losses caused by reasons other than the carrier.
Finally, we signed long-term contracts with the following companies: Dai's shoes, Wal-Mart Shopping Plaza Tianjin Fuxing Store.
5. Accept the regular orders and continue. Go to the logistics dispatching center for order scheduling, and then carry out distribution. After delivery, go to the transportation center. Assign the empty car to the driver first, then go to the designated transportation place, and then start. Finally, warehousing operations are carried out in the warehouse center: warehousing → stocking → issuing warehouse receipts → warehousing registration → settlement of handling fees. Contract Order Management: You can view the received orders and their status, and settle the delivered orders. Unsorted short-term orders can be outsourced, and outsourced orders will be displayed in the logistics market, waiting for other companies to receive them.
If orders with the same starting point and the same mode of transportation can be combined and transported by the same car or several cars. This can save costs and make rational use of resources. If the company's cars are not enough to transport orders, it can also rent vehicles in the logistics market, and the same is true for warehouses.
6. Advertising helps to improve the visibility and influence of the company. So it must be fully realized, it is direct.
Affect the image and operation of the enterprise. For example, Suning Appliance can compete with Gome in just a few years, that is, advertising is effective! Therefore, advertising should not be sloppy! I send the same four advertisements every day, which can help people remember my company quickly, and personally think that the advertising words are not bad: logistics is timely and everything is always smooth. Shishun Logistics, a logistics expert around you!
7. Financial report: at the end of each month, settle the accounts of various projects and report them to the management center for financial report. The financial report should not be sloppy at all, which is related to the company's profit and activity funds. As the saying goes, the profit is greater than the sky, and the purpose of opening a company is to make money. A unprofitable company is not far from death. The activity funds determine how many orders can be accepted and will not cause difficulties to the business operation. So it is necessary to make a financial report every month.
8. Dismiss the driver and return the leased vehicle at the end of each shipment.
Three. Problems encountered and solutions
1. Loading and unloading accidents often occur. Reason: The cargo transportation volume is large and the loading and unloading workers are limited. People are not machines, so they can't work all day. Machines sometimes rust. Solution: reasonably recruit porters, according to the volume of waybill and warehouse throughput.
2. After the warehousing is successful, when registering warehousing, the system will remind you that the warehouse quantity does not match the receipt document. Solution: Organize the warehouse.
3. Too many orders, resulting in too late operation, overdue orders and losses. Solution: Do what you can. Accept the order reasonably if I can operate it in time.
Four. Additional knowledge gained
1. Carrier: refers to the transportation department specialized in water, railway, highway, aviation and other passenger and cargo transportation businesses, such as shipping companies, railway or highway transportation companies, airlines, etc. They generally have a large number of vehicles to provide transportation services for the society.
2. Define the order processing flow: the order processing flow refers to many activities included in the customer's order cycle. Specifically including 1) order preparation; 2) order transmission; 3) order entry; 4) order fulfillment; 5) Order status report, the time required to complete each activity depends on the ordering method involved. The order processing flow of retail and industrial sales may be different. Next we will check each activity one by one.
Verb (short for verb) experience
Two weeks' practical training and one year's professional knowledge study have given me a clear and concrete concept of its definition, basic functions, operating procedures and possible problems in practice.
And made some preparations for this young and energetic career in the future. In addition, we should clearly realize that although the logistics industry is a new industry, it has great development space and market potential, and the employment prospects are very impressive. But it is also a hard industry, and the demand in society is more practical operators, while the demand for management talents is often less. Therefore, in universities, we should not only have solid professional knowledge, but also cultivate the spirit of hard work, unity and cooperation. However, this kind of training has some defects in this respect. Generally speaking, this training has benefited a lot.
Through this logistics training, I am familiar with the application of logistics process and logistics management information system in the whole process, and combine the theory and practice I have learned during my school days to meet the basic requirements of system maintenance and implementation, so as to accumulate the foundation for future system development. During the training period, the group requested to organize the study in strict accordance with the training plan, complete the training tasks with good quality and quantity, and successfully pass the training assessment.
During this period, the study and life naturally gained a lot. From the first day, the enterprise spirit of "honesty, diligence, competition and innovation", the core values of "responsibility, crisis and execution", the enterprise purpose of "delivering health and creating value" and the essence of "family culture" came into view. With the real contact day by day, these deep-rooted things are slowly engraved into my heart.
Modern logistics management emphasizes solving problems with systematic methods. From purchasing, warehousing, transportation, distribution to distribution processing, each link has its own functions, interests and ideas. The systematic method is to make use of modern management science and technology to make each link enjoy the whole information, organize and manage each link as an integrated system, and make the system provide competitive customer service at the lowest possible total cost. According to the system method, the benefit of the system is not only the sum of the benefits of its local links.
Systematic method is to analyze and evaluate all the influencing factors for a certain problem. Starting from this idea, the logistics management system does not simply pursue the lowest cost of each link, because there is a tendency of mutual influence and restriction between the interests of each link of logistics, and there is an alternating fragile relationship. For example, overemphasizing the saving of packaging materials may lead to the increase of transportation and loading and unloading costs because of its easy breakage. Therefore, the systematic method emphasizes the analysis of total cost and avoids the analysis of suboptimal effect and cost balance, so as to achieve the lowest total cost and meet the established customer service level.
From the daily business process, to the logistics management information system, and then to the study of development tools and databases, I have the basic requirements for system maintenance, laying a solid foundation for subsequent maintenance and implementation.