超市进货交易关系法律调整的若干问题探讨——论“零供”关系法律调整

Views on the Legal Regulation of the‘Retailer-supplier Relationship’——Discussion on the Legal Adjustment for the Dealing Relationship between Supermarket and Suppliers

近年来,我国零售商供应商矛盾突出,引起了各方关注。商务部等五部委发布的《零售商供应商公平交易管理办法》,是近年来专门调整零供关系的政府部门规章,在稳定流通秩序方面发挥了一定的作用,但对此也有一些不同观点。为完善零供(买卖)关系的法律规范体系,推进和谐商业环境及商事法治建设,本文对调整零供关系的法律属性,少数零售企业恶意占压、骗取供应商货款的综合治理,风险预警机制等相关问题提出了自己的一些见解。

In recent years, the obvious conflict between retailers and suppliers has evoked punic attention. Administrative Measures for Maintaining Fair Dealings Between Retailers and Suppliers issued by the Ministry of Commerce and other four Chinese Ministries has played a positive role in maintaining a good order of commodity circulation. However, there have been some opposing views. To improve the legal system of the retailer-supplier relationship and create a sound and harmonious and legal environment, this paper focuses on such issues as the legal attributes of the practice to adjust the retailer-supplier relationship, administrative measures to deal with cheating and non-payment on the part of retailers, and the mechanism of early warning of risks.