“互联网+”背景下众包物流规制的法律框架

Legal Framework of Crowdsourcing Logistics Regulation Under the Background of Internet Plus

众包物流作为互联网技术与物流结合衍生而来的新业态,在同城配送中发挥着重要作用。众包物流不同于传统物流,其涉及的各方主体的法律关系相对复杂。从众包物流的发展现状来看,在繁荣发展的同时面临着立法空白、行政监管缺失和司法难以维权的法律乱象。因此,理性审视其存在的法律风险并探寻相应的完善措施至关重要。首先,从根源出发推进众包物流的立法进程,保证众包物流的发展有完善的法律规范支撑;其次,要加强众包物流的行政监管,为其营造一个包容有序的外部环境;最后,应当重视众包物流下劳资纠纷的司法救济,保障众包劳动者的合法权益。三方齐头并进,共同助推众包物流的法治化发展。

As a new business form derived from the combination of Internet technology and logistics,crowdsourcing logistics plays an important role in the intra-city distribution.Different from the traditional logistics,the particularity of crowdsourcing logistics makes the legal relationships among the parties involved relatively complex.From the development status of crowdsourcing logistics,it is facing the legal chaos of legislative blank,administrative supervision lack and judicial difficulty in safeguarding rights while thriving and developing.Therefore,it is very important to rationally examine existing legal risks and explore corresponding improvement measures.Firstly,it is necessary to promote the legislative process of crowdsourcing logistics from the root to ensure that the development of crowdsourcing logistics has perfect legal support.Secondly,it is necessary to strengthen the administrative supervision of crowdsourcing logistics to create an inclusive and orderly external environment for crowdsourcing logistics.Finally,it is necessary to pay attention to the judicial relief of labor disputes in crowdsourcing logistics,and protect the legitimate rights and interests of crowdsourcing workers.The three parties work together to promote the development of crowdsourcing logistics under the rule of law.