Research On The Civil Liability Of The Third-party Platform For Online Food Trading

The rapid development of the Internet has brought great convenience to people’s lives,and the use of the Internet to buy food has become the norm of life.While online food trading brings convenience to consumers,it also brings many hidden dangers to food safety.In order to better regulate online food transactions,a new "Food Safety Law" was promulgated and implemented in 2015.This law first proposed the "intermediary food transaction third-party platform" as a legal subject that acts as an "intermediary" which provides an important legal basis for the orderly development of the online food trading market.This law has been implemented in China for more than four years,but due to the unclear legal provisions and legislative blanks,the "Food Safety Law" still cannot solve the legal disputes caused by certain online food safety in the transaction.Chaos still exists.Therefore,the author mainly combines the relevant laws and regulations on the third-party platform for online food trading in the "Food Safety Law".By searching and analyzing typical cases related to third-party platforms in online food transactions,the author combs and analyzes the definition,legal status,sources and types of civil legal liabilities of online food transaction third-party platforms.By summarizing the legislative shortcomings of the relevant provisions of the third-party platform for online food trading,combined with the theoretical research in the relevant literature and the different views existing and the advanced experience of foreign legislation,the author puts forward legislative suggestions to improve the civil legal liability of the third-party platform for online food trading.Its significance is to provide theoretical basis for future legislators to improve relevant legislation,enrich relevant theoretical knowledge of China’s third-party platform for online food trading,and provide judicial judges with ideas for resolving legal disputes.The beginning of the paper is the introduction.It mainly elaborated the background and significance of the research object,and summarized the innovations and research methods of this article.This part also analyzes the domestic and foreign legislation research related to online food transactions.Among them,the third-party platform for online food transactions is animportant legal subject to solve the hidden safety hazards in online food transactions.This indicates that the third-party platform for online food trading has assumed important legal responsibilities.The first part is an overview of third-party platforms for online food trading.The author not only combed the definition and characteristics of the third-party platform for online food trading,the obligations that should be fulfilled during food trading,but also the civil legal responsibilities for non-performance of related obligations.When referring to the tort liability and breach of contract liability of the third-party platform for online food transactions,the principle of liability and its constituent elements were expounded.The second part first analyzes the legislation status of China’s third-party platform for online food trading,and analyzes the problems in current relevant laws and regulations in turn.At present,the main problems of China’s legislation on third-party platforms for online food transactions include the vague scope of the main body of third-party platforms,the unclear provisions of the third-party platform’s review obligations,and the obligation of faithful notification,and the non-specific provisions of third-party platforms’ civil legal responsibilities.The above-mentioned shortcomings and deficiencies related to the third-party platform for online food trading urgently need to be improved by relevant legislation.The third part attempts to explain the current status of the legal provisions on the obligations of online trading platforms and civil liability in foreign countries,and comparatively summarizes the beneficial experience,which is a mirror for the improvement of the civil legal liability legislation of third-party platforms for online food trading in China.The fourth part draws on the theory of relevant scholars and foreign legislative experience,combined with China’s national conditions,regarding the unclear scope of the main body of the third-party platform for online food transactions,the imperfect provisions of the review obligation and the obligation of faithful notification,and the non-specific provisions of civil legal liability problem.The writer puts forward suggestions on improving the legislation related to the civil legal responsibilities of third-party online food traders in China,that is,clarifying the scope of the subject,perfecting the provisions of obligations,and perfecting the provisions of civil legal liabilities.