Research On Statutory Management Obligations Of Internet Food Trading Platform Provider

While the online food transaction presents a multifaceted,comprehensive,and high-speed development,food safety has become a fundamental and key factor that has been concerned about and ultimately affects the healthy and stable development of the online food trading market.It is of great theoretical and practical significance to explore the statutory obligations of providers of online food trading platforms.The statutory management obligations and contractual management obligations of providers of online food trading platforms differ from one another,but there are inter-dependencies and cross-cutting relationships.The self-governance of the online food trading market and the corresponding statutory administrative obligations undertaken by the providers of online food trading platforms cannot be fully attributed to public law regulatory obligations,but cannot be fully attributed to private law obligations,but should be public law obligations.The intermediate form between the obligations of private law and the private law,that is,the above-mentioned statutory administrative obligations have the combination of certain public law obligations and private law obligations.The author prefers to call it a safety management obligation,which distinguishes it from the administrative supervision duties of public law and contractual obligations in private law.The content and limits of its responsibilities mainly include the following aspects:In terms of performance of the entity’s review obligations,the providers of online food transaction platforms in principle undertake the duty of prudent examination;in the implementation of inspection obligations of online food trading behavior,the platform provider does not undertake the general business behavior inspection obligations,but should bear moderate online Inspection;In terms of inspection obligations for online food transaction information,the platform providers also do not undertake general information inspection obligations.However,they should bear the obligation of reviewing each other in the narrow sense of the apparent illegal food transaction information and the legitimacy of the publicity information of network food production and business operators.For the generalized illegal business information and the authenticity of information,online food trading platform providers should still bear the appropriate online inspection obligations;In the discovery of illegal activities,the provider of online food trading platform takes the principle of "passive discovery" and the exception of "active discovery";Regarding to the special issues of the providers of online food service food trading platforms,they do not undertake the on-site examination obligations during the entry of the main body,nor do they have to bear the compulsory obligation of monitoring the whole process of the production of food products.In addition,the management of takeaway food delivery personnel and their effective use in the food safety of food and beverage services on the Internet should be strengthened.Generally speaking,the principle of fault liability should be applied in the assumption of civil liability.However,in the case of violation of specific obligations and determination of responsibilities,different circumstances should be distinguished and whether it constitutes failure to perform statutory administrative obligations.For problems that cannot be solved by the current level of technology,the providers of online food trading platforms should not be deemed to have violated their corresponding obligations or to bear civil liabilities.