Study On The Civil Liability Of The Third-party Platform Of Online Reservation

As a part of the catering electricity under electronic commerce, online meal ordering transaction is a kind of economy which is full of vigor and vitality. And it brings more impact to traditional ordering mode, and also gives some legal challenges to the traditional food trade. Online meal ordering has great significance for the prosperity of the food market. Although in the new revision of the Food Safety Law, legislators in our country has been keen to capture some problems existing in the old one and add some new rules, the third-party platform’s responsibility has not been made clear in our country. In academia, many scholars have studied it from different angles, but few referred to the legal responsibility.Compared to traditional ordering mode, online meal ordering has the characteristic of fast developing and multiple legal relationships, besides these superficial advantages, there are also some particular concerns existed in it, such as black workshop, black take-out events emerge in endlessly, which mainly because of the unclear legal status and responsibility of third-party platform. The law does not make very detailed stipulations, which is difficult to apply for various dispute in real society. Based the problems existed in the online meal ordering, the author discusses the establishment of the civil liability of the third party platform.According to the relativity between responsibilities and obligations, the author analyzes the legal obligation of the third party platform, and the establishment of the legal liability of the third party platform. Firstly, the author discusses the third party platform responsibilities’ from the angle of the direct and indirect contract relationship, and then discusses the way and scope of undertaking the responsibilities’ based on the imputation principles of infringement liability. In order to get a better solution the author discusses not only from direct infringement but also indirect infringement Angle and also demonstrates from both fault and no-fault imputation principle, which finally conclude a solution that the principle of fault liability can better adapt to the technology development of infringement responsibility of the online meal ordering.In the fifth section, the author studies current related law applied to the third party platform for online meal ordering. Finally, based on summering the existing legislative system of third-party platform of online meal ordering, and considering the exsiting civil responsibility system, this paper will reflect the shortcoming of the existing law and put forward suggestions to establish civil liability system of third party platform.