The Supreme Law clarifies that the platform for food delivery problems must be held accountable |

Original title: The Supreme Law clarifies that the platform for food delivery problems must take responsibility

The Supreme People’s Court yesterday announced the “Interpretation of the Supreme People’s Court on various issues related to the application of laws in civil litigation trials on food safety (1)”, based on electronic commerce platforms andtrafficGet started with tool related problems andresponsibilityProvisions are made for the identification of the subject, liability for compensation, and litigation procedures.

It is reported that from 2017 to the first half of 2020, people’s courts of all levels across the country received new purchases online.contractThere were a total of 49,000 dispute cases, of which around 30% of the disputes involved the responsibility of the e-commerce platform, and food disputes accounted for almost half of the online shopping contract disputes.

In this regard, the judicial interpretation further clarified the responsibilities of e-commerce platforms to ensure the safety of online food purchases, which stipulates that e-commerce platformsOperatingViolate the relevant provisions of the Food Safety Law and notOperatorsReal name registration, license review or breachreport, Stop offeringNetwork transactionplatformServiceAnd other obligations to doconsumptionIf the legitimate rights and interests of consumers have been harmed, and consumers claim that the operators of the e-commerce platform and the food operators on the platform are in solidarity, the people’s court should back it up.

The judicial interpretation also stipulates that the operators of electronic commerce platforms must markSalesFoods that are not marked as self-operated but are actually sold for autonomous businesses do not meet the food requirements.safety standardConsumers have the right to claim that e-commerce platform operators take responsibility for compensation as food operators.

Although e-commerce platform operators do not conduct autonomous business, they do.LogoIt is enough to mislead consumers and convince them that the operator of the e-commerce platform is autonomous and the consumer has the right to claim that the operator of the e-commerce platform takes responsibility for compensation as a food operator.

Public transittransportFood for passengers orBanquet services, What should I do if there is a food safety problem? The court interpretation made it clear that the food provided by the public transport carrier to passengers does not meet food safety standards, and passengers have the right to claim that the carrier assumes responsibility for compensation as a producer or operator of food At the same time, according to judicial interpretations, whether free or paid, the carrier mustWarrantyThe safety of the food provided will not be questioned by the fact that the food is provided free of charge.

In accordance with the provisions of the Food Safety Act, operators operating foods that they know are not complying with food safety standards will be required to assume punitive compensation responsibilities. The judicial interpretation provides detailed rules on how to define “knowingly” and punish malicious and seriously irresponsible operators in accordance with the law. In addition, the judicial interpretation clarifies that punitive harm is not based on the premise of causing personal harm.Large consumptionThe protection of the rights and interests of the authors.

The judicial interpretation will enter into force on January 1, 2021.

According to the Xinhua News Agency

(Source: Qingdao Finance and Economics Daily)

(Responsible editor: DF524)