A New Legal Regulation Model For Online Food Trading Platforms

With the help of the Internet + big data background,with the support of the new technology of big data,which is a super algorithm,innovated the trading mode of various industries.The food online trading platform emerged in the catering field.The food trading platform uses daily necessities such as food as its marketing content,adopts a combined operation method of "online to offline",breaks through the traditional single transaction mode,arranges orders across regions,and provides convenient advantages such as door-to-door delivery and meticulous service.Is widely favored.The new food trading platform solves the problem of flexible employment of part of the social labor force,reduces people’s living costs,saves meal time,but also must see that new things are always unavoidable in the process of exploring wrong demonstrations,the problem of frequent food safety is very disturbing.Although the "Food Safety Law" and "Consumer Rights Protection Law" have been regulated before,the government has successively issued the "Measures for the Investigation and Punishment of Internet Food Safety Illegal Acts","Measures for the Administration of Food Business Permits",and "Measures for the Supervision and Administration of Food Safety for Online Catering Services" And other departments and regulations to jointly guard the safety of online food transactions,but due to lack of continuity,the government has over-delegated power to the platform,failed to specify the distribution of responsibilities,and the punishment results are not clear.The existing regulations have not reached the expected substantive legal warning and education.And the guiding role,the regulation results are very small.In order to achieve the sustainable and healthy development of online food trading platforms,it is urgent to integrate the relevant provisions of online food trading in existing legal provisions under the premise of following the existing market trading rules,analyze the problems existing in the current regulatory model,and integrate existing law enforcement and justice.Practice and learn from the background of foreign experience,in order to provide a better regulatory model for the solution of the problem of how online trading platforms can better bear the responsibility for food safety.This article mainly adopts normative analysis method,comparative analysis method and case analysis method.Analyze the existing legal norms through normative analysis.First,starting from the theoretical perspective of incentive regulation and restrictive regulation,through logical analysis,we can infer the shortcomings of domestic laws in regulating this behavior.Secondly,through comparative analysis and research methods to explore the behavior patterns of online food trading platforms,combined with foreign experience in the regulation of online transaction providers,to supplement the current law’s insufficiency in regulating this behavior.In this process,the compound case analysis method uses the existing judgments in the law enforcement judicial practice to conduct theoretical discussions.Finally,based on the development reality of the food trading platform at the current stage,drawing on the experience of outside the territory,propose laws and technologies simultaneously,link the platform to implement audit responsibilities;open data supervision sources,and work together to create a situation of social governance;re-enact penalties and exemptions from legal norms.Give full play to the role of market competition and focus on measures such as platform initiative.