网络餐饮服务第三方平台资质审核义务“履行难”困境及大数据实施对策

The“Difficulty in Fulfillment”Predicament of Qualification Systems relating to the Third-party Platform for Online Meal Ordering Service and its Resolution based on Big Data

网络餐饮服务第三方平台资质审核义务"履行难"困境在法理上源于将食品经营许可等资质资格简单等同于食品安全的理论误解;制度设计上源于立法配套缺乏、立法衔接不到位以及立法规定模糊等问题;技术难题源于大数据运用不足。网络餐饮服务第三方平台资质审核相关案例实证分析表明我国立法科予平台的法定义务并没有得到较好履行,立法设计与法的实效相去甚远。破解审核义务困境需要将此公法义务进行技术上形式审核的定位,并构建基于大数据网络订餐食品安全预警系统、食品监管部门与平台联动治理模式以及基于区块链技术的智能监管系统等。

The"Difficulty in Fulfillment"predicament derives,firstly,from the jurisprudential misunderstanding that the licensing regime for food production and marketing is simply equated with food safety,secondly,from the lack of relative rules in the legal system,the lack of legislative coordination,and the ambiguity of legislative provisions from the point of system design and,thirdly,from underutilization of big data from the angle of technology.The positive analysis of relevant cases of qualification systems relating to the third-party platform for online meal ordering service reveals that the legal obligations of the platform have not been well fulfilled and that the practical effect is also a long way from the purpose of the legislation.Therefore,the resolution of this predicament needs not only to define the duty is limited to formal examination,but also to build implementation strategies under the guidance of the concept of synergy.These countermeasures include food safety warning systems based on big data,the linkage governance models between food regulatory authorities and platform,and intelligent supervision systems based on blockchain technology.