Review And Improvement Of The Legal Rules Of The Third Party Platform For Online Food Trading

China revised the Food Safety Law in 2015,The legal concept of "third-party platform provider for online food transaction" was formally proposed for the first time in the act,which recognized its unique legal subject status and set up legal obligations and responsibilities for it.In the field of online food trading,which is prone to market regulation failure and government regulation failure,it is reasonable for the third-party online food trading platform to assume the corresponding regulatory responsibility.However,there is a gap between the actual performance of obligations and the legislators’ design goals,There are still various chaos in online food transactions.This paper attempts to deeply analyze the problems in the legal design of third-party platform for online food transaction,so as to build a more reasonable and perfect regulation scheme for the subject.This paper takes the food safety law revised in 2015 as the starting point.and first defines the concept,characteristics,and scope of the emerging subject of online food trading third-party platforms to clarify which entities should apply to the Legal norms of online food trading third-party platforms,and discusses the legal status of the third party platform of online food trading in order to better define its role in online food trading.Then the specific norms of third-party online food trading platforms in the food safety law are sorted out and analyzed to clarify the obligations and responsibilities that third-party platforms for online food transactions should bear.This paper further finds out the problems in the design of specific rules comprehensively,mainly including three aspects: the ambiguity of legal provisions,the severity of legal provisions and the deficiency of legal provisions.It means that some legal provisions are not specific enough,lack of clarity and enforceability,and some legal obligations are set too strictly,which is beyond the capability of the third-party online food trading platform.At the same time,the design of rules is not comprehensive enough,which leads to a situation of poor performance of obligations.Finally,this paper analyzes the specific causes of each problem,and proposes corresponding solutions and improvement programs,so as to make the legal norms of the third-party online food trading platform more perfect and comprehensive.It is expected that appropriate legal rules will be adopted to effectively restrain the third-party online food trading platform,so that it can effectively fulfill its responsibilities and better maintain the safety of online food trading.