The Regulatory Responsibility Of Third-party Platforms For Online Food Transactions

With the rapid development of "Internet plus" era,food trading began from offline to online,and the food safety supervision is facing greater challenges.In 2015,for the first time,Food Safety Law making regulations to the online food trading third-party platform,was divided into two parts,including Food Safety Law Article 62 and Article 131.To further refine the network food trade regulatory obligations of a third-party platform,guarantee the food safety,on July 14,2016,the state food and drug supervision bureau released the Network Investigation Method on Food Safety Violations.Legislation network food trade regulatory obligations and legal liability of a third-party platform,which laid a foundation for strengthening network of food safety supervision in accordance with the law,but the network of food trade because of its virtual nature,information mass,across the regional characteristics of legal problems involve much and cause for food trading network supervision responsibility of a third-party platform.In theory,there are many things unclear and many problems in the implementation.Food trade to a third-party platform based on network platform,the regulatory responsibility of normative analysis,not only face to face with the problems in the theory of confusion and practice,but also point out the responsibility network food trading third-party platform existing problems and their causes.What is more,putting forward the perfect network on the basis of the food trading platform for third-party platform regulatory responsibilities of countermeasures and Suggestions.This paper consists of five parts.The brief contents are as follows:The first part is the introduction.This part mainly expounds the actual development of network food transaction and the significance and value of this paper and presents the innovation points and shortcomings of this paper.The second part introduces the basic situation of the regulatory responsibility from a third-party platform for present law about network food trading platform.The definition of a third-party platform is discussed.Then this part points out the network monitor food trade to a third-party platform has its necessity,and in defining network food trading third-party platform regulatory responsibilities need to pay attention to the problem.The third part is the normative analysis of the supervision responsibility of online food trading third-party platform.Food Safety Law for third-party platform regulatory responsibilities,kicked off the network food trade the prelude to the third-party platform of administrative responsibility.The follow-up of form a complete set of law on the basis of the loop start making provisions.The supervision responsibility and the legal responsibility of the third-party platform online food trading platform is the main system content.The fourth part analyzes the food trading problems existing in supervision responsibility of a third-party platform,mainly including network food trading standard fuzzy,the certification of the third-party platform management obligation unclear boundaries.The author believes that the legal status of third-party platform network food trading is not clear,and the government regulatory data not opened fully is the main cause of problem for regulatory responsibilities.The fifth part is the suggestion to improve.It mainly includes: firstly,to clarify the legal status of the third-party platform of online food trading;Second,the government should deal with the regulatory data of third-party platform online food trading platforms;The third is to refine the standards for the qualification examination of third-party platform platforms for online food trading;The fourth is to determine the boundary of the network food trading third-party platform report management obligation.