Research On Civil Liability Of Delivery Platformprovider

With the continuous progress of science and technology,people’s living standards are also improving.More and more people,especially young people,pay more and more attention to the enjoyment of material life.In recent years,with the development of network trading platform,takeaway gradually enters people’s vision.People can purchase their own food through mobile phone software,and enjoy the restaurant food life without leaving the home.This convenient lifestyle promotes social development,but also brings a series of problems.As a bridge and link between the inbound merchants and consumers,the corresponding civil liability of the delivery platform provider should be more clear and detailed.This paper studies the problems and the existing legal theories,and analyzes it from the perspective of the provider of takeaway platform.First,the author analyzes the main body definition of the takeout platform provider and the legal relationship between the provider and the related subjects.Secondly,the author analyzes the types of civil liability of the takeout platform providers and the legal application of the providers in different situations.Finally,the paper summarizes the problems of the system of civil liability of the delivery platform provider in real life,and puts forward some suggestions for solving the problems existing in the civil liability system.According to the development status of takeout platform,this paper systematically summarizes and analyzes the civil liability of takeout platform provider.This paper is divided into three parts.In the first part,through the study of the meaning and characteristics of the takeout platform provider,the legal status of the takeout platform provider and the legal relationship of the relevant subjects in the takeout platform transaction process are further determined.Only by clarifying the legal status and legal relationship of delivery platform providers,can we further explore the civil liability of delivery platform providers.The second part is the focus of this paper.The types of civil liability of delivery platform providers are mainly divided into two types: liability for breach of contract and liability for tort.This part of the takeaway platform provider liability for breach of contract,tort liability research,combined with the theoretical knowledge of the two types of imputation principles and constituent elements,as well as the way to bear tort liability are summarized,to lay a solid theoretical foundation for this study.The law application of takeout platform providers mainly focuses on three situations: the information provided by the settled businesses is not true,the food quality provided by the settled businesses is not up to standard,and the takeout delivery staff implements tort.The third part is about the problems of civil liability system of delivery platform providers in our daily life,and puts forward corresponding solutions to these problems.