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

With the development of economy and technology,the network economy is rising.Network food is produced by the new technology of network,and It is widely loved by consumers because of its fashionable,convenient purchase and diversified commodity category.Internet food trading platform is the most important bridge in Internet food transaction.At the early stage of development,online food transaction has not yet formed unified trading practices and stable trading order.China's relevant laws and regulations are also conflicting,which is not specific enough.After the occurrence of Internet food dispute,the legal status of the trading subject and the scope of legal obligations are not clear,so it is difficult for all parties to clarify their legal responsibilities.Consumers' legitimate rights and interests can not be fully guaranteed,and rights protection is difficult.Therefore,the research on the third party platform civil liability of online food transaction is of great significance for maintaining network food safety and promoting the development of Internet food transaction.There are four parts in the text of this article.In the main body,the first part analyzes the basic theory of the third party platform provider of online food transaction.It includes defining the meaning of the third generation platform of network food transaction,introducing the operation mode of the third party platform and determining the scope of the platform.This paper expounds the characteristics,legal status and civil obligations of the platform.The answer to the introduction part will provide theoretical foreshadowing for later analysis.The second part,through the legislative investigation of the third party platform's civil liability in China's online food transaction,puts forward the existing problems in relevant laws and judicial practice.Including network food trading third party platform's civil liability is not strong,The compensation system for the advance compensation system and the obligations of the third party platforms are not clear.The third part,starting from the nature of civil liability,combined with the basic theory of the first part,expounds the liability for breach of contract,the liability principle of tort liability of the platform providers and the specific application rules ofthe tort liability,the coopetition and commitment of the two,and the specific framework for the identification of the civil liability for the third party platform of the Internet food trade in China.The fourth part,The fourth part introduces the legal provisions about the civil liability of the network service platform in foreign countries,and extracts the views for our country to learn from and learn from.On the basis of the nature of civil liability,aiming at the problems described in the second part of this article,put forward the perfect measures for the civil liability system of the third party platform of the Internet food trade in China.It includes the legislative principles and modes of standardizes the civil liability system of the third party platform of the Internet food trading,perfect pre payment system and its standard,perfect the pre payment system and its standard,improve registration review system and implement relevant laws and regulations.