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China has established a relatively perfect takeaway supervision system, established a platform responsibility as the grasp of the regulatory principles, but in the standard system, supervision, certification, traceability, credit system and inspection and monitoring system and other aspects are still relatively lagging behind. To ensure the safety of hundreds of millions of people on the tip of the tongue, we need to further improve the relevant laws and regulations, strengthen the main responsibility of network catering operators, and raise the cost of breaking the law.
food safety problem is a worldwide problem, is a complex social engineering. Network catering problem is also such, even in the food safety supervision of the difficulties, the need to mobilize multi-subject strength, to achieve common governance.
China has established a relatively perfect takeaway supervision system, established a platform responsibility as the grasp of the regulatory principles, but in the standard system, supervision, certification, traceability, credit system and inspection and monitoring system and other levels are still relatively lagging behind. In the face of the changing state of network operation, regulatory technology has not keep up with the situation. Because takeaway transactions are done on the internet, a large number of information groups from a wide range of sources, the authenticity of difficult to distinguish, so that regulators in a more passive state, law enforcement technology is difficult. For example, the network business subject in the face of undocumented investigation, often through off-location operation or "small certificate big" and other measures to circumvent the inspection;
, with the establishment of a third-party platform for network catering, the number of business entities engaged in catering has risen sharply in recent years. Some small network catering business subjects on food safety and health issues are not enough attention, non-standard business behavior often occurs. Faced with the rapid increase in the number of food and beverage, the original regulatory mode, regulatory requirements and regulatory objectives have been far beyond the workload of front-line law enforcement personnel, it is difficult to adapt to the new conditions of food and beverage supervision requirements.
, takeaways have become part of many people's daily lives. According to the Annual Report on China's Shared Economic Development (2019) released by the State Information Center, China's online takeaway revenue reached 471.2 billion yuan in 2018, accounting for 10.6% of the country's restaurant industry's revenue, with about 360 million online takeaway users. To ensure the safety of these hundreds of millions of people, we need to further improve the relevant laws and regulations, strengthen the main responsibility of network catering operators, and raise the cost of illegality.
present, the existing legal provisions are unilateral in food safety and Internet management provisions, and many are only principled provisions, the law on the safety of online food and beverage has not yet been introduced. In practice, once there is a quality problem, at the same time the reference to two aspects of the legal provisions sometimes have improper application or even conflict between the provisions of the phenomenon, harming the consumer's right to life and health and other legitimate rights and interests.
china's existing food safety laws and regulations involving more content, and in the stage of continuous improvement. Considering the legislative cost, we can explore the combination of existing food safety laws and regulations with e-commerce to form a network catering specialty law. In particular, it is possible to incorporate the legal provisions on the behavior of third-party platforms of online catering into the contents of laws and regulations to improve the online catering market, and to determine the supervision and management of the behavior of the online catering service providers in legal form.
At the same time, the local market regulatory authorities should effectively fulfill their regulatory responsibilities, in accordance with the "four most stringent" requirements, online and offline linkage, crack down on the special inspection found in the network meal-ordering violations, maintain severe punishment and high-pressure situation, seriously investigate and punish violations of the platform and personnel, open channels for reporting illegal information, enhance credit and disciplinary authority, and effectively protect the legitimate rights and interests of consumers.