Research on University Logistics [On Legal Risks in the Operation of University Logistics Service Entities]

After more than ten years' efforts, great achievements have been made in the socialization reform of university logistics. However, due to the lack of relevant laws, there are still a series of legal risks in the operation of logistics service entities in colleges and universities, including the unclear legal status and legal attributes of logistics service entities in colleges and universities and the unclear legal relationship with teachers, students and logistics workers in colleges and universities. All these problems depend on the clarity of its independent legal person status and the attributes of operating enterprises, and then the legal relationship between it and its related parties can be clarified.

Logistics socialization; University logistics service entities; Legal status; Legal attribute; legal nexus

First, the development process of socialization reform of logistics in colleges and universities in China

The socialization reform of university logistics is the concrete embodiment of the transformation from planned economy to socialist market economy in the field of university logistics. As early as 1985, the central government's decision on the reform of education system put forward: "the reform of logistics service in colleges and universities is extremely important to ensure the smooth progress of education reform." The direction of reform is socialization. " 1993 The Outline of Education Reform and Development in China issued by the Central Committee of the Communist Party of China and the State Council also pointed out: "School logistics work should be gradually socialized through reform." 1999 1 month, the State Council approved the Ministry of Education's "Action Plan for Revitalizing Education Facing the 2 1 century", and put forward clear requirements for the logistics reform of colleges and universities: "Accelerate the socialization reform of school logistics work and streamline the diversion of surplus personnel. The expansion of enrollment plan in colleges and universities should be related to the progress of socialization of school logistics work. Select a number of cities with good conditions to form an enterprise-oriented university logistics life service group company, which is engaged in the property management of student apartments and the logistics life service of schools. Strive for the socialization of logistics work in colleges and universities in most areas within 3-5 years. " 1June, 1999, the Decision of the Central Committee of the State Council on Deepening Education Reform and Promoting Quality Education in an All-round Way further pointed out: "Intensify the reform of school logistics, gradually divest the school logistics system, promote the socialization of logistics work, encourage social forces to provide logistics services for schools and develop the education industry."

199165438+10, the general office of the State Council held the first national conference on the socialization reform of university logistics in Shanghai. At the beginning of 2000, according to the actual situation of the socialization reform of college logistics, the state promulgated the Opinions on Further Accelerating the Socialization Reform of College Logistics (hereinafter referred to as the Opinions of 2000), pointing out: "We should seize the current favorable opportunity, raise awareness, unify our thinking, make overall arrangements, vigorously promote it, and basically complete the socialization reform of college logistics in most parts of the country as soon as possible." Since then, the socialization reform of logistics in colleges and universities in China has been officially launched. Then at the end of 2000, 200 1 and 2002, the second, third and fourth national conferences on the socialization reform of university logistics were held respectively. At present, many achievements have been made in the socialization reform of university logistics in China. During the three years from 1999 to 2002, Shaanxi, Shanghai and other provinces and cities gradually formed a variety of college logistics work modes, such as socialized service mode, Party A and Party B agreement mode, Party B subject mode, independent legal person mode and group service mode.

Since 2003, with the continuous establishment and development of China's socialist market economy status, the degree of socialization reform of logistics services in colleges and universities has also improved. The new, multi-functional, diversified and intensive logistics service guarantee system established by colleges and universities using modern enterprise standards has been gradually improved, effectively alleviating the factors restricting the development of colleges and higher education in China. However, due to the shortcomings and defects of some related policies and systems initially formulated for the reform of university logistics to adapt to the development at that time, there are still many legal problems in university logistics after more than ten years of development.

Second, the legal risks in the operation of logistics service entities in colleges and universities

Up to now, the reform of logistics socialization is based on the notices, opinions and speeches of some government departments, but there are no special laws and regulations to adjust the socialization of logistics in colleges and universities. Without the protection of laws and regulations, the follow-up reform of logistics socialization in colleges and universities will lose its compulsory guarantee. Combined with the situation of our college, I think there are still the following legal risks in the operation of logistics service entities in colleges and universities:

(A) the legal status of logistics service entities in colleges and universities is not clear, and it is difficult to get rid of excessive intervention in colleges and universities.

At present, most logistics service entities in colleges and universities are named as "University Logistics Group", but if we look closely at the introduction of university logistics group, we will find that many names are not true or inconsistent with the legal names. Taking my university as an example, the website of Logistics Group introduces the group as follows: "The Logistics Group of Zhejiang A&F University is a subordinate unit of Zhejiang A&F University, which implements enterprise management, independent operation and independent accounting. In May, 2002, according to the requirements of modern enterprise system, the school established Zhejiang wuyue Education Development Co., Ltd. with an investment of100,000 yuan, and implemented two brands and one team management with the logistics group, and the group implemented school management. From this introduction, we can see that the group's position on its legal status is not clear, and it also has the color of planned economy. As the logistics group is a company established according to the requirements of modern enterprise system, according to the provisions of the Company Law, the company should be an independent legal person, and there should be no "subordinate relationship" to anyone. Moreover, according to the opinion of 2000, the goal of the socialization reform of university logistics is to establish a "school logistics service entity with independent operation, independent accounting and self-financing", rather than a logistics entity still affiliated to the school, otherwise the socialization reform of university logistics will lose its due significance. At the same time, it can be seen from the introduction that the legal name of the logistics group should actually be "Zhejiang wuyue Education Development Co., Ltd.", but it implements "two brands and one team management" with the logistics group. This practice can also be seen in logistics groups of other universities, but it is actually inconsistent with the requirements of relevant laws in China, because Article 6 of the Regulations on the Administration of Enterprise Name Registration stipulates that "enterprises are only allowed to use one name". Moreover, if logistics service providers use two sets of brands in their operations, it will easily lead to misunderstandings of other economic entities that have economic contacts with them, and affect the certainty and reliability of their economic activities in the market. Although in the opinion of 2000, the second stage goal of logistics socialization reform is to "set up a logistics service group across colleges and universities", even if it is operated in the name of "logistics group", it must be registered as a legal name, not to mention that the so-called "logistics group" in many colleges and universities does not meet the legal requirements for "group". 1998 "interim provisions on the administration of enterprise group registration" stipulates in article 5 that "an enterprise group shall meet the following conditions: (1) the registered capital of the parent company of an enterprise group is more than 50 million yuan, and it has at least 5 subsidiaries; (2) The total registered capital of the parent company and its subsidiaries is more than 654.38 billion yuan; (3) All members of the group have legal personality. "These conditions are currently not available in the logistics groups of many universities.

At present, an important reason why the legal status of logistics service entities in colleges and universities is unclear is that these entities have not really separated from the school administrative management system and realized real socialization. Take the author's university for example. Most of the seven directors and nine supervisors of our logistics group are members who hold administrative leadership positions in the school. The purpose of socialization reform of logistics in colleges and universities is to liberate colleges and universities from logistics work, and social forces will provide logistics services for schools. The board of directors of a company is a permanent institution that conducts the company's business internally and represents the company externally. So many school administrative leaders are members of the board of directors, which will inevitably lead to the need for schools to distract themselves from participating in the business activities of logistics groups, which is contrary to the original intention of the socialization reform of logistics in colleges and universities.