The Legal Regulation Of Online Take-away Ordering Under The "O2O" Mode

Ascribed to the high efficiency and convenience and fast speed,Internet has got the Online sellers and Offline consumers closely linked,leading to the generation of a fresh type of economic development model.As is named by founder of the U.S.Trial Pay company,Alex Rampell,this model of “O2O”(Online to Offline),to put it simply,implies “Online ordering,Offline consuming”.2015 is the blooming year of “O2O”,among which the most rapid development momentum is undoubtedly the take-away “O2O” mode.The third-party platform catalyzed by the take-away “O2O” is responsible for the information integration of offline entity merchants in terms of the take-away data,and providing it to targeted consumers by way of mobile phones or other Clients.In spite of the convenience for the tripartite main body,the rapid growth is often accompanied by such issues as insufficient regulation,lax review,false information,unlicensed businesses,dirty,disorderly and unqualified food processing and difficulty in guaranteeing consumers' right to be informed etc.As a consequence,the main problems found in the “O2O”mode of take-away is sorted out,in an attempt to trial bring up the legal regulation-related suggestions.Apart from the “Introduction” and “Conclusion”,the paper can be divided into four sections:First and foremost,the first section is the part where the introduction of problems is made,i.e.the instance case of “Eleme”.The paper is unfolded with the exposure incident of take-away tycoon,“Eleme”,on the occasion of the “3.15” Evening Party in 2016 due to such issues as unlicensed businesses,excessive business scope,“wacky location”,one certificate for multiple stores,and “zombie revival” etc.,leading to the status quo of insufficient supervision behind the explosive increment of take-away “O2O”.When it comes to the second section,it involves the basic theory concerning the laws and regulations relative to take-away ordering under the mode of “O2O”.With the definite definition of “O2O” and take-way “O2O”,it probes into the legal relationship of the tripartite parties and the legal basis involved in the take-away “O2O” mode.Subsequently,the third section contains the analysis of the legal risks and existing problems confronted with by the take-away “O2O”.From the perspectives of the tripartite parties in the take-away “O2O”,namely the third-party platform,entity businessman,and consumers,their respective legal risks faced are analyzed,and a variety of problems including the unsound supervision system,lax review of the third-party platform,incomplete business licenses,filthy food processing environment,inadequate legal consciousness,difficulty in consumer rights protection etc.Last but not least,the fourth section of the paper mainly deals with the strengthening countermeasures of the laws and regulations relative to take-away “O2O”,Aiming at the relevant issues revealed in take-away “O2O”,oral suggestions on laws and regulations are put forward.Specifically,it is suggested to,first and foremost,perfect our domestic take-out food safety regulatory system;secondly,make clear the civil legal status of the third-party platform;Thirdly,optimize the credit evaluation system of third-party platform;last but not least,build a online dispute settlement mechanism to cut the cost of consumer rights maintenance.