Keywords: e-commerce; Logistics industry; Internationalization; Law; macro-control
Environmental legislation has entered China in 2 1 century, and a new term-logistics has attracted more and more attention. With the development of network economy and e-commerce, the transaction time of commodities has been equal to or close to zero, and the future logistics time will account for 90% of the circulation time. The output value of logistics occupies a very important position in the national economy, which greatly restricts the future economic development. It can be said that the level of modern economy will largely depend on the level of logistics. The logistics technology towards 2 1 century is not only the "business logistics" of enterprise strategy, but also the "social logistics" to supply materials to the whole society, and then the "global logistics" necessary to form a diversified network in the fierce global market competition. With China's entry into WTO, the international trade industry is facing huge business opportunities, and multinational companies have entered the China market. It can be predicted that 2 1 century will be an era of great development of international logistics. The logistics industry in this era will be characterized by globalization, informationization, networking, intelligence, flexibility, standardization and socialization.
Recently, logistics has become a hot topic in society. The author believes that with the excessive hype of this term, a misunderstanding has temporarily formed, that is, logistics seems to be considered as a special industry and needs any special policies to support it. In April 2002, China Federation of Logistics and Purchasing accepted the research topic of "Industrial Countermeasures after China's Entry into WTO". This is the first time that China has initiated the formulation of operational policies for the logistics industry. After investigation, the association issued a first draft, requiring relevant departments to formulate some preferential policies, such as reducing tax rates, unifying tax payment, and reducing land development costs. As a support for the development of the logistics industry. This first draft did reflect the general view of the current industry, but it was finally denied by the relevant departments. Why? Our government has realized that the adjustment of industrial policy in the face of international market will directly involve the change of management concept, such as the government giving up the control of market supply and demand. Government management departments should not only look at WTO entry and industrial internationalization from the perspective of market opening, but also consider how to adapt their management concepts to the changes brought about by WTO entry. When formulating industrial policies, we must pay more attention to creating environment and conditions for economic development in the broadest sense, rather than directly intervening in the economy. The international development of logistics industry is a top priority at present, but it is not a special industry. Facing the international competitive environment, the government does not need any special support. The government should strengthen the management of the logistics industry from a macro perspective, break the barriers between regions and departmental monopoly, and create a good environment that meets international standards to support this industry. One of the most important means is to further improve the relevant laws and regulations.
Modern logistics generally refers to the effective flow of raw materials and finished products from the starting point to the end point and the whole process of related information. It organically combines transportation, warehousing, loading and unloading, processing, sorting, distribution and information to form a complete supply chain and provide users with multifunctional and integrated comprehensive services. This is a revolution in ideas. It is not only simple material transportation, but also covers the whole process of commodity circulation, including raw material transportation before manufacturing and storage before commodity sales, and adds a function that has never been seen in the traditional transportation industry and has a positive impact on commodity producers and sellers-distribution. Product manufacturers can require transporters to send raw materials directly to the manufacturing workshop according to the specified time and quantity, so there is no need to build warehouses to store materials; Product manufacturers can directly deliver goods to the shopping mall according to the seller's sales volume, so that the shopping mall can operate without warehouses. Manufacturers and sellers not only save the trouble of warehousing, but also "set production by sales" and "order goods by sales", avoiding a large amount of funds being occupied, reducing the backlog and unsalable goods, and finally benefiting consumers. This industry spans almost all sectors, including transportation, warehousing, domestic trade, foreign trade and so on. And restricted by many departments, it needs the support of perfect laws and policies.
After China's entry into WTO, China market will be closely linked with the world market, and logistics will also face the development of globalization and internationalization. International logistics and domestic logistics are inseparable, and they have many similarities, but in terms of importance and complexity, international logistics far exceeds pure domestic logistics. The environment of global logistics operation is far more complicated than domestic logistics, which can be summarized by four D's: distance, documents, cultural differences and customer demand, that is, between different countries and regions, logistics activities are longer, documents are more complicated, and customer demand in products and services is unpredictable, so it is necessary to meet the needs of various cultural differences. The complex environment of international logistics has formed its own characteristics: long completion period, complex and diverse operation modes, integrated logistics system and emphasis on alliance role.
The complex international environment faced by the logistics industry needs the guidance and support of various laws and regulations. 1990, Japan promulgated the Logistics Law, which greatly promoted and guaranteed the development of Japan's logistics industry and replaced the status of domestic transportation law in practice. At present, China is still in its infancy, and the author thinks that the legislative conditions are not sufficient, but it needs to be accumulated as soon as possible. According to the practice of the logistics industry, we should study and formulate laws and regulations that meet international standards and are supported by WTO rules as soon as possible.
From the industry point of view, there is no law to follow for the access conditions and qualifications of China's logistics market. With China's entry into WTO, foreign logistics companies have also settled in the domestic market. Due to the uneven quality of these employees and the changes in the legal status and risk responsibility of international logistics operators, in order to ensure the orderly development of the market and facilitate management, laws and regulations in this regard should be established as soon as possible to strengthen management. Judging from the current situation in China, the existing civil law and industrial and commercial registration law only make some provisions and detailed requirements for the opening of transportation agency enterprises. Most of the existing logistics practitioners in China are third-party logistics providers, and their original identities are mostly transportation agents and freight forwarders. In the process of the transformation of these enterprises to international logistics practitioners, their legal status has undergone essential changes. For example, in the existing contract law, there are exact provisions for transportation contracts and warehousing contracts. In these traditional contract parties, the carrier or the warehousing party needs to be the person who actually manages the transportation and warehousing, and the transportation agent or the warehousing agent can only conclude the contract as the agent of the shipper. The agent must have a power of attorney and sign it in the name of the entrustment according to the scope of authorization, which directly generates rights and obligations to the entrusting unit. Disputes between the shipper and the agent shall be governed by the provisions of General Principles of Civil Law of People's Republic of China (PRC) on agency, and disputes between the carrier and the principal shall be governed by contract law and maritime law. In modern logistics, these original agents become the parties to the contract and participate in the contract in their own names. Modern international logistics is the best channel for profit integration between production enterprises and storage and transportation enterprises, and it is also the necessary system synthesis and total cost control for the organic connection of business activities between production enterprises and storage and transportation enterprises. Logistics service providers no longer only regard commission as their own profits like previous agents, but have their own new sources of profits and new rights and obligations. Accordingly, the investment risk and liability risk of logistics parties are increasing, and the scope of responsibility is expanding. No longer responsible for agency behavior, but as a party responsible for their own behavior, the limitation of liability may also be lost. Compared with domestic logistics, international logistics is more difficult, involving more funds and greater liability risks. Therefore, the qualification restriction of logistics practitioners plays an important role in regulating the market. In the United States, the examination and approval system of logistics industry is quite strict, the registered capital of logistics companies has corresponding regulations, the company's fiscal and taxation system is quite special, and the company manager also needs to have a certain number of years of experience. Standardizing the qualification of logistics industry will lay a good foundation for China's logistics industry to face fierce international competition in the future.
Secondly, there is no suitable law or state administration about the industry standard of logistics industry in China. The complexity of international logistics business requires us to clarify the legal status, scope of responsibility and limitation of responsibility of logistics practitioners as soon as possible. Another complication of international operation is that the number of documents required for international operation is numerous and complicated, and the operation forms are numerous and difficult. It is necessary to establish the standard trading conditions and operating specifications of the National Logistics Association as soon as possible, and formulate unified, legal, effective and standardized documents. In this regard, the mature laws and regulations of Japanese and other developed countries are worth learning from, but they need to be combined with the actual situation in China.
From the vertical perspective of the industry, the development of modern logistics industry to the international market will promote the development of transportation industries such as road transportation, railway transportation, air transportation and ocean transportation, and will also have a great impetus to the international trade and economic activities of multinational companies. Accordingly, its development is also restricted by many other professional departments. In China's traditional management laws and regulations, fragmentation is serious, which hinders the scale operation of China's logistics industry in the process of internationalization, and also discourages foreign logistics practitioners from China's mainland market. For example, in China, there is only one highway law in each province, which makes the inter-provincial operators at a loss. The standards of railway and sea containers are different, which increases the corresponding costs. All departments should improve their own special laws and regulations, eliminate disadvantages and give policy support to the development of international logistics according to the international practice of WTO.
Professional departments should also be ahead of the times in legislation according to the rapid changes in the international information society. E-commerce is the most effective means to promote the development of international logistics, but China's network laws are relatively backward. For example, there is no uniform standard for electronic authentication in China, and the introduction of electronic signature law is too backward, which is not conducive to the effective management of network economy and will also affect the development efficiency of logistics. In addition, the establishment of various degrees of free port and bonded warehouse system and corresponding laws and regulations will create a good environment for international trade, attract goods, increase the density of port flights, and attract international logistics to transit to the port, which is conducive to building the port into a hub of international logistics network and promoting the development of international logistics.
Although the logistics industry in China started late, it also enabled us to absorb the experience of others and make the industry develop in the direction of higher quality. For example, the environmental problems caused by the logistics industry will be the focus of future social attention. Foreign countries now attach great importance to the 3R principle, that is, reduction, reuse and recycling. [1] (P.4 1-43) If the logistics industry has strict regulations on the selection of packaging materials, there are also corresponding laws and regulations on recycling, which determine the control of automobile emissions in legal form and clearly stipulate the measurement methods and limit standards. These laws and regulations ensure the sustainable development of the international logistics industry to a certain extent, which is an aspect that China should be in line with international standards.
With the opening of the market after China's entry into WTO and the constant changes in the information age, the logistics industry is facing the great development of internationalization and needs a more scientific, reasonable, efficient and transparent policy and legal environment. The legislation of modern logistics industry has become a top priority, which requires breakthrough development, fundamentally improving the legal environment of logistics industry, building a three-dimensional logistics network in an all-round way, and laying a good legal foundation for the internationalization of modern logistics industry in China. Second, explore the theory and development path of green logistics Abstract: With the development of economy, the degree of environmental deterioration has deepened. As a part of economic activities, logistics activities are also facing environmental problems. It is necessary to improve the logistics system from the perspective of environment and form a green logistics management system, which is the new trend of logistics management in 2 1 century. This paper analyzes the three theoretical bases of green logistics, and puts forward various measures to implement green logistics management from the perspective of government and enterprises.
Keywords: green logistics; Green transportation; Green packaging; Green distribution processing
Green logistics refers to purifying the logistics environment and making full use of logistics resources while restraining the harm of logistics to the environment. With the deterioration of environmental resources, the threat to human survival and development is increasing, so people pay more and more attention to the utilization and protection of the environment. The development of modern logistics must give priority to environmental issues, and the logistics system needs to be improved from the environmental point of view, that is, an environmental logistics management system needs to be formed. This logistics management system is based on maintaining the global environment and sustainable development, changing the one-way relationship between development and logistics, consumer life and logistics, and forming a logistics system that can not only promote the healthy development of economy and consumption, but also inhibit the harm of logistics to the environment, that is, changing to green logistics. Therefore, modern green logistics management emphasizes the overall and long-term interests, emphasizes all-round concern for the environment, and embodies the green image of enterprises, which is a new trend of logistics management.
First, the theoretical basis of green logistics 1) The theory of sustainable development refers to the process of meeting the needs of contemporary people without threatening the ability of future generations to meet their needs. 1987 The research report "We * * * have a future" issued by the International Commission on Environment and Development points out that the development and utilization of resources in today's era must be conducive to the maintenance of the next generation's environment and the sustainable utilization of resources. Therefore, in order to achieve long-term and sustainable development, we must take various measures to protect our natural environment. This economic sustainable development policy is also applicable to logistics management activities. Due to the inevitable consumption of energy resources and environmental pollution in the process of logistics, various measures must be taken to maintain the natural environment in order to achieve long-term sustainable development. Based on the theory of sustainable development, modern green logistics management forms a complementary relationship between logistics and environment, thus promoting the development of modern logistics and realizing the symbiosis between environment and logistics.
2) Eco-economics Theory Eco-economics is a science that studies the laws and applications of material circulation, energy transformation and value appreciation of economic systems and ecosystems in the process of reproduction. Logistics is an important link in the process of social reproduction, including material circulation, energy transformation, value transformation and value realization. Therefore, logistics involves two systems: economy and ecological environment, which naturally bridges the gap between economic and ecological benefits. However, the traditional logistics management fails to deal with the relationship between the two, overemphasizes economic benefits and ignores environmental benefits, resulting in the decline of overall social benefits. Economic benefits mainly involve current and local interests, while environmental benefits are related to macro and long-term interests. The emergence of modern green logistics has solved this problem well. Guided by the general principles of economics and based on ecology, green logistics studies the relationship between economic behavior, economic relations and laws of logistics and ecosystem, in order to seek the best combination and coordinated development of ecology and environment under the conditions of ecological balance, economic rationality and advanced technology.
3) Ecological ethics theory Ecological ethics forces people to deeply reflect on the environmental problems brought about by the logistics process, thus generating a strong sense of social responsibility and obligation. For the healthy and safe survival and development of human beings, and for the vital interests of future generations, human beings should consciously maintain the ecological balance. This is an unshirkable responsibility entrusted to us by the times, and it is also the right and obligation of human beings to nature. It is from ecological ethics that green logistics gets moral support.
Second, how to implement green logistics management as an important part of today's sustainable economic development, green logistics management is of great significance to economic development and the improvement of people's quality of life. Both government departments and enterprises should strengthen logistics management and build a green logistics development framework.
1) The source of government green logistics management measures: it mainly manages the source of environmental problems in the logistics process. Due to the increase of logistics activities and the development of distribution services, the number of vehicles in transit will inevitably lead to the aggravation of automobile pollution. The following measures can be taken to control the source: (1) formulate corresponding environmental protection laws and regulations to limit exhaust emissions and vehicle types; Take measures to promote the use of vehicles that meet the restrictions; Promote the use of low-pollution vehicles; Limit the noise generated by vehicles. Since the late 1990s, China has continuously strengthened the control of pollution sources. For example, Beijing has promulgated two-stage air pollution control targets, which not only set strict emission standards for newly produced vehicles, but also reformed existing vehicles. While encouraging the upgrading of vehicles, measures such as restricting driving routes, increasing the frequency of vehicle inspection, and charging sewage charges according to pollutant emissions have been taken, and the pollutant emissions of treated vehicles have been greatly reduced.
Volume management: give play to the guiding role of the government and promote the transformation of enterprises from self-use car transportation to business truck transportation; Promote enterprises to choose a reasonable mode of transportation and develop * * * the same distribution; The government co-ordinates the construction of logistics centers; Construct modern logistics management information network, so as to finally realize logistics efficiency, especially improve the logistics efficiency of small and medium-sized enterprises. Through these measures, the cargo flow can be reduced, the wrong transportation can be effectively eliminated, the traffic congestion can be alleviated, and the cargo transportation efficiency can be improved.
Traffic flow management: the government has invested corresponding funds to establish a circular road in the central area of the city and formulate relevant road parking management regulations; Take measures to modernize the traffic management system; Implement the intercommunication development of highway and railway. In order to reduce traffic jams, improve distribution efficiency and achieve the purpose of environmental protection.
To promote green logistics, in addition to strengthening government management, we should also attach importance to the advocacy of private green logistics, strengthen the awareness of green management of enterprises, and give play to the role of enterprises in environmental protection, thus forming a self-disciplined logistics management system.
II) Enterprise Green Logistics Management Measures Green transportation management development * * * Same as distribution: * * Common distribution refers to the distribution activities jointly organized and implemented by multiple enterprises. Several small and medium-sized distribution centers unite to deliver goods to customers in a certain area, which mainly refers to the situation that the number of items needed by customers in a certain area is small, the vehicles used are not fully loaded and the utilization rate of distribution vehicles is not high. * * * Same distribution can be divided into two types: * * Same distribution with shippers as the main body and * * * Same distribution with logistics enterprises as the main body. From the owner's point of view, logistics efficiency can be improved through * * * same distribution. Such as small and medium-sized wholesalers, if their respective distribution is difficult to meet the multi-batch and small-batch distribution requirements of retailers. Using * * * with distribution, the consignor can realize a small amount of distribution, and the consignee can uniformly inspect the goods, so as to improve the logistics service level; From the perspective of logistics enterprises, especially some small and medium-sized logistics enterprises, due to the constraints of funds, talents, management, etc., the rationalization and efficiency of logistics are limited due to the small transportation volume, low efficiency, many vehicles used and single business contract. If we cooperate with each other, adopt * * * distribution, raise funds through information network, bulk goods, improve vehicle utilization and other issues can be well solved. Therefore, matching with * * * can maximize the utilization efficiency of personnel, materials, funds, time and other resources and achieve the greatest economic benefits. At the same time, redundant staggered transportation can be removed to achieve social benefits such as alleviating traffic and protecting the environment.
Adopt combined transport mode: combined transport refers to a commodity transport mode that absorbs the advantages of basic transport modes such as railways, automobiles, ships and airplanes, organically combines them and implements multi-link, multi-section and multi-transport modes. This mode of transportation takes containers as a common medium to connect various tools and plays a role in promoting compound direct transportation. Therefore, it is required that the loading tools and packaging dimensions should be standardized. Due to the use of containers and other packaging forms in the whole process, the packaging expenditure can be reduced, and the cargo damage and cargo difference during transportation can be reduced. The advantages of combined transportation mode are: it overcomes the inherent defects of single transportation mode, thus ensuring the overall optimization and efficiency of transportation process; On the other hand, from the perspective of logistics channels, it effectively solves the separation of goods in production and marketing space and time caused by various market environment differences such as geography, climate and infrastructure construction, and promotes the close combination of production and marketing and the effective operation of enterprise production and operation.
Vigorously develop third-party logistics: Third-party logistics is a business model in which logistics services are provided by logistics enterprises other than the supply and demand sides. The development of third-party logistics, in which these enterprises specializing in logistics provide logistics services to suppliers or demanders, can consider the rationalization of logistics from a higher angle and in a wider scope, simplify distribution links and carry out reasonable transportation, which is conducive to the rational use and allocation of logistics resources in a wider scope, and can avoid the problems brought by self-owned logistics, such as capital occupation, low transportation efficiency, complicated distribution links, increased burden on enterprises and increased urban pollution. When the distribution of vehicles in some big cities is greatly saturated, the emergence of professional logistics enterprises reduces the number of transport vehicles in big cities, thus alleviating the pressure of logistics on urban environmental pollution. In addition, enterprises should also use raw materials that save resources and reduce pollution and environment as the power of various vehicles, such as liquefied gas and solar energy as the power of urban vehicles; Or respond to the government's call to speed up the upgrading of transportation.
Green packaging management Green packaging refers to the use of packaging that saves resources and protects the environment. The ways of green packaging mainly include: promoting the production department to adopt packaging made of degradable materials as simple as possible; In the process of circulation, measures should be taken to realize the rationalization and modernization of packaging: to determine the standard of basic dimensions of packaging, that is, packaging modularization. After the standard of packaging module is determined, all kinds of products entering the circulation field need to be packaged according to the dimensions specified in the module. Modular packaging is beneficial to the collection of small packages, and containers and pallets are used for packaging and loading. If the packaging module can be unified with the size modules of storage facilities and transportation facilities, it will also be beneficial to transportation and storage, thus realizing the rationalization of the logistics system.
Large-scale and containerization of packaging: conducive to the mechanization of logistics system in the process of loading, unloading, relocation, storage and transportation, speeding up the operation speed of these links, reducing unit packaging, saving packaging materials and packaging costs and protecting goods. Such as containers, bulk bags, pallets and other container passages.
Disposal of repeatedly used and reused packaging and waste packaging: general packaging is adopted, and there is no special arrangement for returning to use; The reusable packaging is adopted, such as drinks and beer bottles. Cascade utilization, converting disposable packaging into other uses or simply processing and then converting into other uses; Waste packaging materials are recycled and converted into other uses or made into new materials.
Development of new packaging materials and packaging utensils: The development trend is that packaging is highly functional, and multiple packaging functions can be realized with less materials.
Green distribution processing Distribution processing refers to simple operations such as packaging, segmentation, measurement, sorting, assembly, pricing, labeling and commodity inspection. , suitable for items from the place of production to the place of use. Distribution processing has a high productivity, and it is also an area where the circulation department can make great contributions to environmental protection. Green distribution processing mainly includes two measures: first, changing consumption processing into specialized centralized processing, improving resource utilization efficiency and reducing environmental pollution through scale operation. For example, the catering service industry concentrates on processing food to reduce energy and air pollution caused by scattered cooking at home; The second is to concentrate on the waste generated during the processing of consumer goods, so as to reduce the waste pollution caused by consumers' decentralized processing. For example, the centralized processing of vegetables by the circulation department can reduce the dumping of scattered processing garbage by residents and the corresponding environmental treatment problems.
From the environmental point of view, the management of waste logistics will inevitably lead to the generation of a large number of wastes in the future. Although many measures have been taken to speed up garbage disposal and control garbage logistics, on the whole, the emergence of a large number of garbage still has a serious negative impact on society, leading to difficulties in garbage disposal, and will lead to the exhaustion of social resources and the deterioration of natural resources. Therefore, the logistics activities in the 2 1 century must be conducive to the effective use of resources and the maintenance of the global environment.
Waste logistics refers to the physical flow of goods that have lost their original use value in economic activities, and are collected, classified, processed, packaged, transported, stored according to actual needs, and delivered to special treatment places. The function of waste logistics is to ignore the value of the goods or the goods have no reuse value, and only start from environmental protection, burn them or transport them to specific places for stacking and burying. In order to reduce the waste logistics, it is necessary to realize the reuse of resources (recycling after treatment) and reuse (transforming into new raw materials after treatment). Therefore, a waste recovery system including production, circulation and consumption should be established. To achieve the above goals, enterprises should not only consider their own logistics efficiency, but also organize logistics from the perspective of the whole production, supply and marketing supply chain, and with the further development of this supply chain management, they must also consider waste recycling logistics. That is, the pursuit of managed logistics and the realization of efficiency by counterparties; Supply chain logistics pursues the interests of everyone from production to consumption and circulation; Circular logistics should pursue the efficiency of the whole process from production to abandonment, which is an important problem to be solved urgently in green logistics management in 2 1 century.