| With the development of the Internet as the symbol,the 21 st century is the information age,and people’s traditional production and lifestyle have undergone major changes through the Internet.Now,ordering food and ordering food through the Internet has become a more popular trading model.With the prevalence and prevalence of online transactions,the disadvantages of food safety supervision are inevitably exposed in the absence of high efficiency and convenience.In order to better regulate online trade,our country was promulgated on October 1,2015 the implementation of the new "food safety",officially launched the first "network food trading third-party platform provider" the legal concept,given its unique legal subject status,and clear its should undertake the legal obligations and responsibilities.This law has a bearing on the development of China’s online food trade.The law has been implemented for more than two years,but there is still a lot of chaos in the online food trade,or due to the lack of laws and regulations,or the lack of legislation.Thus,this paper mainly to "food safety law" the sixty-second,one hundred and thirty-first rules as the research and on the basis of the third party platform provider network food trading the concept,characteristics,scope,legal status is analyzed,and the obligations and the violation of the obligations of the corresponding legal responsibility,just different views existing in the current theoretical and analyzes the defects existing in the current legislation,and review,try perfect scheme design are put forward.This paper mainly adopts four research methods: first,comparative analysis.Law of different departments,as the name implies,comparison analysis is about the same or similar legal relationship,legal main body of the provisions of the comprehensive comparison,research,analysis,in order to explore the legal theory and practice of unity of the consistency.This article compares and examines the new food safety law and the tort liability law,the consumer rights and interests protection law.Second,empirical analysis.With the popularity of online shopping,the broad masses of the people has become an important participant,network of food trading network food trading safety problem in our side,about each person’s vital interests.If there is a real case,can better analysis our country food trading network security problems,the author in writing when they choose food trade to a third party representative network platform provider taobao as an example,this paper in order to avoid theoretical to lack of practical argument.Third,inductive analysis.In the writing of this paper can reflect the views of the scholars,and list about network food trade law,combining the problems existing in the process of law enforcement,is derived by summing up the network food trading the legal status of third-party platform provider and puts forward legislative Suggestions.Fourthly,the method of law hermeneutics.The implementation of the law in the process,inevitably involves to the explanation of the specific legal provisions determine the connotation and extension of legal concepts,clear the scope of the effectiveness of the legal norms,a clear legal system are designed method of hermeneutics shall have the meaning.This paper will focus on the analysis and discussion of the methods of interpretation,system interpretation and objective interpretation.Because of the level,the author to the study of a lot of problems not clear enough,plump,enrichment,discusses the focus and research method is relatively shallow,just after the introduction of "food safety" that was discussed and the problems to be settled urgently research,only hope to improve the formulation and revision of the related laws and regulations to provide ideas and Suggestions. |
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