Research On Self-regulation Of The Third-Party Platform Of Online Catering Service

In recent years,the third-party platform of online catering service develops rapidly,which creates more opportunities for catering transactions.However,during the online catering service transactions,food safety risks have risen sharply,and the life and health safety of consumers has attracted wide attention.Despite the increasing supervision by law enforcement authorities,food safety problems remain prominent.After a series of food safety accidents,the third-party platform for online catering service constantly improves platform rules and strengthens self-regulation.The E-commerce Law,Food Safety Law,Online Food Safety Illegal Behavior Investigation and Punishment Measures,Online Food Safety Supervision and Administration Measures,and other laws,regulations and rules stipulate many obligations of the third-party platform of online catering service,registration review,information disclosure,illegal behavior report and stop,etc.The realization of obligations is ultimately transformed into the self-regulation of the third-party platform of online catering service providers and consumers.From 2018 to now,the third-party platform of online catering service has entered the outbreak period of the formulation and modification of food safety rules.Traditional government regulation is faced with a dilemma that cannot be underestimated.On the one hand,there are large scale food producers and operators which are difficult to be supervised,and the government has limited law enforcement resources.On the other hand,excessive regulation,insufficient regulation,regulation capture,insufficient technical support and other problems are serious.As a special type of third-party online trading platform,the self-regulation of the third-party platform of online catering service shows the advantages of flexibility,pertinence,reducing the cost of law enforcement and improving regulation efficiency.In this context,based on the understanding of regulation theory,public interest theory and social co-governance theory,self-regulation has become a necessary and proper way of regulation.Through sorting out relevant legal norms,rules of takeout platforms,administrative penalties and judicial cases,it can be seen that although self-regulation of third-party platforms of online catering service has been widely used and achieved certain effects,it has exposed problems such as imperfect regulatory means,illegal regulatory procedures and infringement of users’ rights and interests.In this regard,the self-regulation optimization of the third-party platform of online catering service should mainly include the improvement of procedures and means.In addition,from the perspective of preventing the abuse of platform self-regulation and ensuring the realization of regulatory goals,administrative supervision and judicial supervision should be the main restraint methods.The administrative organs should clarify the supervision ideas and improve the specific administrative supervision mechanism,including the establishment of data sharing platform within the government and between the government and the platform,the improvement of the illegal behavior handling mechanism and the improvement of the policy formulation and adjustment mechanism.As for the judicial supervision of self-regulation,the scope of supervision should first be defined as the regulation involved in civil disputes,and the intensity of supervision should follow the standard of formal examination followed by substantive examination.