Research On The Civil Liability Of The Third-party For Online Food Trading

Food safety is of self-evident significance. And China has always attached great importance to the legislation on food safety. Against this background, once the food violations occur, the main responsibility for food infringement will exhibit diverse characteristics. Specially, alone with the booming online shopping, comes the food trading network of third-party of on-line food trades, which has grown into a new shopping method and brought about a series of reactions. Incidents of on-line food safety have gradually attracted the attention of legislators. On October 1 2015, the new Food Safety Law went into effect, which was known as "the-most-serious-of-the-history" food safety law. This law newly defined the increasing types of food security incidents. It also included regulations on the restrictions towards the subjects of third-party platform for on-line food trades, improving the regulations on the responsibilities it should bear and in line with the trend of blooming e-commerce.This article will mainly focus on the food network third parties for the transaction subject for discussion. And the article is divided into three parts. The first part is about the back ground of third-party of on-line food trades and the revisions of laws and regulations on relevant subjects. In the second part, the writer starts from recognition of the liability subject of the third-party of network transactions food, which represents a dispute among scholars. After comparing and summarizing several theories, the writer analyzes each of all reasonable theories, discusses the unreasonable side and put forward the arguments. Furthermore, the writer proposes solutions to relevant issues in terms of the responsible types, ranges, ways and legal structures after considering the jurisprudence of the corresponding legal practice and corresponding legal principles. Finally, the writer put forward a sound proposal on improving relevant provisions of existing laws.Protection of human rights is the ultimate value of law, and the right to life is the one of the most important. Since the legislation is out of time when it is taken. This article tries to collect domestic and foreign legislation in recent years, judicial decisions, on the basis of academic research, combined with the traditional theory of tort liability law.