Research On The Supervision Obligation Of The Third-party Platform Of Online Food Trade

The Food Safety Law and its regulations give part of the regulatory obligations to the third-party platform of online food trading,while the transaction disputes in judicial practice show that the third-party platform's performance of obligations has not reached the legislator's design goal.From the perspective of the third-party platform,this paper reflects on the current regulatory responsibility allocation of online food transactions,and holds that it is biased for regulators and academia to choose the interpretation path of strengthening the regulatory obligations of the third-party platform for the sake of ensuring administrative efficiency,rectifying market order,easing people's dissatisfaction and other factors.Based on the analysis of the current regulatory dilemma,this paper proposes that there is a certain limit for the third-party platform to fulfill its regulatory obligations.We should refine the legal provisions of regulatory obligations and treat the regulatory role of the third-party platform in online food transactions with a more prudent attitude.Starting from the third-party platform regulatory obligations of online food trading,this paper is divided into five parts: the first part is the introduction,which mainly introduces the research background,research status,research content and research methods of the full text;the second part is the cause of the problem,which describes the current situation and existing problems of the third-party platform regulatory obligations of online food trading;the third part is the lack of performance from the third-party platform This paper analyzes the causes of the difficulties in the performance of the third-party platform regulatory obligations in terms of the internal motivation of obligations,the confusion of civil and administrative obligations,and the legal obligations beyond the capacity limit of the third-party platform;the fourth part is the definition of the relevant elements of this paper,from the Perspective of the source,subject,scope and system design of the third-party platform regulatory obligations;the fifth part is from the perspective of social co governance This paper puts forward specific suggestions to improve the supervision obligation of the third-party platform for online food trading,including the detailed legal provisions of the supervision obligation of the third-party platform,the legislation on the difference between civil obligation and administrative obligation,the matching of legal obligation and the actual ability of the third-party platform,and the improvement of the data information sharing mechanism in China.