Online food problems website to pay lawyers: help regulate online shoppingStandard network platform for third-party liability is an important part of strengthening food safety management, food safety, draft new provisions in the revised draft law is in line with the present market situation. Require the third party platform food identification network operator qualification or to register, helps marketing and community management responsibilities for food safety, which embodies the spirit of social governance of food safety supervision
"you can know which cans are bought on the Internet? "
carrying two cans of the same" chili sauce "Chili, who lives in Fengtai Wu Shuang asked reporters as eager. Silence of the
to reporters, Wu Shuang smiled and said, "can not tell. So, if net purchase food have a problem, I went to look for so-called third-party platforms such as Taobao, and how do I prove my food sources? Such a provision does not ' look good '? "
Wu refreshing in the of" provides ", is recently issued of People's Republic of China food security method (Amendment draft trial draft) public sought views in the most heated on the of--network food trading third party platform provides who should made food production business license, and bear food security management responsibility; not perform statutory obligations, against consumers lawful rights and interests of of, should bear joint responsibility, and first lost pay.
This means that consumers in the online trading platform when buying quality problems, in addition to outside the shop operators, Internet platforms should be held jointly and severally liable, and consumers are to be paid in order to protect the legitimate rights and interests of online shoppers.
reporter recently visited online shoppers, shopping sites, and e-commerce experts found that if this article is really implemented, implemented there seems to be some difficulty.
clear obligations of network platform it is necessary
"a variety of spices, vegetables, fruits, beverages and even rice cakes I bought on the Internet. "As a full-time housewife Wu Shuang, by virtue of the high ratio of net purchases, Internet famous, especially food, she is often on the net searching for food and taste before you recommend it to a friend.
in read the food security method amendment draft trial draft in the on food network trading regulatory system Hou, Wu Shuang to reporter said, currently increasingly more of people began network purchased food, "I in network purchased food Shi will special concern sellers of identity and food introduced, because network sales food access threshold low, and also has ' three no ' products, and quality price inconsistent food mixed which, these problem not ignored. So, when net purchases of food, need to be particularly careful to distinguish ".
reporters in Taobao search "food", none of the shop found selling food production and operation license.
"especially now the increasingly popular homemade food, product standards, production permit number column is blank. "Wu Shuang said, she asked a store of selling their pickled pork bosses why no operation license, their answer is" homemade products to ensure health and safety, there is no need to register the business sector. If you go to register, check not only, but also more trouble. "
to this, civil and commercial law, China University Associate Professor Wu Jingming believes that food sold in the traditional channels, consumers through packaging to make preliminary judgments on product quality, but the network platform of information asymmetry, consumers may not knowingly buy "without food". Standard network platform for third-party liability is an important part of strengthening food safety management, food safety, draft new provisions in the revised draft law is in line with the present market situation.
"individual shop is usually a person as a customer service, buyers, owners, business conditions were difficult to meet health and environmental licensing conditions, purchase sources it is difficult to guarantee, and bought most of the food has not been established in the course of business ledgers, into confusion at the retail sales in the event of food safety accidents, no guarantee of compensation. "Vegetable farm business entity in Beijing, Han Ming told reporters Meanwhile network selling vegetables, in General, set up a manufacturing and selling food stores, the need to make industry and commerce, health, food licensing, taxation and other related departments, but also to pay the rent. Lower costs of network behavior and offenders continued to operate after the easy change of address, food safety accidents have occurred cannot be traced. Provisions relating to the advance payment, can be said to be to contact some try to loophole online sellers by "vaccination".
industry: limited regulatory capacity
third-party platforms, however, good provision for advance payments, Wu Shuang "Super buyer" also have their own concerns, "this is very meaningful, but also difficult to operate".
"the biggest problem is the Internet trading platform not audited. "In order to more clearly explain this view, Wu Shuang had at the beginning of" examples ".
"there is a problem, is not excluded ' fish in troubled waters, ' malicious claims. For example, a consumer online shopping quality of the beef is good, but just bad beef, if consumers want to eat good quality beef, and you want to get the money back, is likely to report said that net purchases of beef quality is not good. In this case, how to define? "Wu Shuang said," the key is how to define responsibilities, defined by the who definition of the standards or processes. "
this concern is also present in the industry. Insiders believe that draft food safety law amendment draft on the Food Network third party trading platform of the new requirements may increase the risk of business.
"has a direct infringement occurs if e-commerce platform, such as e-commerce platform, as the seller, sold food quality problems, then the responsibility for e-commerce platform is clear. However, if e-commerce platform has neither direct manufacturing of food, and no direct sales of food, even selling independently published information is business, so in this case, the e-commerce platform should not bear the joint and several liability. "Alamusi, Deputy Director of the China Electronic Commerce Association Legal Committee said.
alamusi, requires each appliance platform to make food production license and payment provisions will increase the business risk of the e-commerce industry, may lead to some e-commerce platform to give up food sales.
run Taobao Alibaba Group Legal Affairs Vice President Yu Siying told the legal daily reporter said in an interview, in terms of online shopping, the trend of the future must be online and offline integration. So, the food safety law, draft amendments to draft regulations on food network third party trading platform, its "third party platforms" concept is no longer suitable for the needs of future market developments.
Yu Siying to reporter explained said, shopping usually contains has four a link: view commodity information, and Xia single, and payment, and received goods, in industrial economic times, this four a link are occurred online Xia a a fixed of locations, but with we gradually into information times, network shopping has from all will this four a shopping link of overall copy to line Shang, evolution to above four a shopping link online Shang, and line Xia staggered of complex environment. Eating in the dining room, use mobile phone to scan the QR code payment pay the deposit online to offline balance is paid delivery, this phenomenon has become more and more common. Therefore, provisions on third party platforms in the Internet shopping does not have the maneuverability.
in addition, Yu Siying also raised the question of who would monitor the Internet to buy food.
"developed from the industrial age to the information age, promotion of supervision means should also be synchronized. Previous food purchases are mainly completed online, so ex post regulatory model. But in the Internet age, should carry out their duties. "Yu Siying said to reporters, as a site, of work and duty is to provide consumers with goods filter dimensions and standards. Online shoppers is assumed to have the obligation to disclose information identification and filtering.
"our duty is the responsibility, how to filter for more tools to help consumers, such as credit assessment system, while allowing online businesses selling food products is comprehensive and effective disclosure. "Yu Siying said," in fact, the site is just a commodity trading platform, network services relationships it participates in, online food sales contracts, legal relationship is one-to-one. Like call of China Mobile, China Unicom and other platforms like roles, if the call both sides such as fraud and other acts, no one will go for mobile or Unicom responsibility. There is a very important point is that the Web platform for various types of food such as Taobao behind industry characteristics are not exactly known. "
, however, has been studying food safety in China's Nankai University law school Associate Professor Song Hualin said to reporter for the legal daily, supervision on the various areas of modern society, not just to rely on the Government, but also emphasizes the role of third parties. In the area of food safety, in particular. The Internet has become an important consumer platform, online food plays an increasingly important role in food distribution.
"for network foods trading platform for third-party provider to set food safety management responsibility, its food identification network operator qualification or to register, helps marketing and community management responsibilities for food safety, which embodies the spirit of social governance of food safety supervision. "Song Hualin believes that third-party platform has a natural link with the network operator, such rights and obligations, can effectively reduce the cost of food safety supervision and administration, showed that modern regulatory flexibility, responsiveness and diversity through the set obligations for third-party platforms, and be better equipped to regulate the Internet to buy food.