Research On The Legal System Of Third-party Online Food Trading Platform Providers

The third-party online food trading platform provider refers to the network enterprise legal person that establishes and operates the online food trading platform and provides the platform service for the online food traders and consumers.It is characterized by the network enterprise legal person,is the establishment and operation of the platform,is a virtual platform,playing the role of the "third party" media.Its legal status is a new type of transaction intermediary,is an independent civil subject,the business field is mainly in the C2C,B2C online shopping mall model and O2O model.The system contents of the third-party platform are divided into legal obligations and agreed obligations: legal obligations mainly include security management and faithful notification obligations;The agreed obligations come from the network service contracts signed with the food operators and consumers.It mainly bears civil and administrative liability: civil liability is mainly joint liability and conditional false joint liability;Administrative responsibility mainly is to order correction,warning,fine,order to stop production or business,revoke the license.The value of strengthening the legal system of the third-party platform lies in its particularity,the convenience of controlling illegal behaviors,but also the limitation of increasing the responsibility of the platform.Comparing the legal system of the third party platform in the European Union,the United States and Japan,the food traceability system,the cold chain logistics system and the credit rating system are worth our reference.The third party platform legal system stipulates the following problems: the subject scope is not clear,and it is not clear whether the We Chat platform is a third party platform in the operation of wechat business.The content of the responsibility is incomplete.The third-party platform has no clear obligation to the authenticity of the operator’s information,and no clear obligation to monitor the illegal behavior.Lack of supervision of special food legal responsibility;The supervision mode of third-party platform is backward.In terms of the scope of the subject,it is clear that We Chat and other social platforms are only third-party platforms under the transaction mode of micro-store and We Chat applet.In terms of the statutory obligations,it is clear that the third-party platform should undertake the formal review obligations,and the regulatory department should assume the responsibilities of substantive review and continuous review instead of substantive review and active monitoring.For the legal supervision of special food,laws and regulations should strengthen the supervision responsibility of third-party platforms,promote the logistics preservation system,food security seal system,and strengthen the training and management of food delivery personnel.In order to solve the problem of backward supervision mode,we should establish and improve the joint supervision mode,the third-party platform should set up a special food safety management institution and a credit rating system for food operators,improve the governance ability of supervision departments,improve the comparative database,promote the food traceability system,and advocate the joint supervision of social subjects.