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第三方物流关系的归责问题目前存在调整法律多,在适用时归责原则不一致的问题,但在国内并没有许多相应的研究。笔者通过确定第三方物流和归责原则的定义,考证《合同法》、《邮政法》等法律中规定的规则原则,在此基础上提出第三方物流合同的归责原则应为统一责任制且应为严格责任制的结论。
At present, there are many problems of imputation of the relationship of third-party logistics, such as the adjustment of laws and the inconsistent principles of liability when applicable. However, there are not many corresponding studies in China. By defining the definition of the third party logistics and imputation principle, the author studies the rules and principles stipulated in the law such as “Contract Law” and “Postal Law”, on the basis of which, the author points out that the principle of imputation of the third party logistics contract should be unified responsibility system Should be the conclusion of strict liability system.