Reflection And Improvement Of Self-regulation Of Online Catering Platform In China From The Perspective Of Administrative Law

Under the background of "Internet plus" development,the network catering platform as a new format economy developed under the support of Internet technology,the State adopts a more relaxed and flexible regulatory strategy.With the continuous development of the network catering platform,the challenges to traditional administrative supervision are also increasing.The self-regulation of online catering platform has three practical reasons: the empowerment of laws and regulations,the pursuit of social public welfare and the advantages of professional and technical level.There are also cooperative governance theory,responsive law and reflexive law theory as the legitimacy basis of the self-regulation of the platform.Therefore,the self-regulation of online catering platform has a solid practical and theoretical support.Aiming at the research on the self-regulation of online catering platform,this paper adopts the research method of positivism and takes "meituan" and "hungry" as the research objects,so as to clarify that the online catering platform exercises "quasi legislative power","quasi law enforcement power" and "quasi judicial power" in the self-regulation.The rise of platform power is determined by its self-regulation characteristics,that is,the asymmetry of technical information resources,centralization under the background of decentralization The public law in the context of private relations also leads to the change of power structure in cyberspace,forming the attribute of platform private power.The expansion of the power of the online catering platform makes itself in the central node of cyberspace,so its power exercise has a dual logical orientation,that is,"administrative organ online catering platform" and "online catering platform user".Taking this as the logical starting point of the research,we can explore that the current online catering platform has fuzzy power boundary and unclear responsibility standard,which poses a challenge to the basic principles of administrative law The conflict between public interests and private interests leads to the lack of transparency and motivation of regulation.In view of the problem,we try to introduce the meta regulation theory in administrative law to realize the benign interaction between administrative regulation and self-regulation,that is,through the establishment of administrative phased supervision and guarantee responsibility,the establishment of platform justice and public interest principle,the construction of administrative evaluation and supervision system and diversified incentive system,In order to achieve the improvement of self-regulation of online catering platform.