网络餐饮平台自我规制的保障机制研究

Research on the Guarantee Mechanism of Self-regulation of Online Catering Platform

网络餐饮平台自我规制虽具有食品安全治理的优越性,但也存在私利偏好、专业性不足、实施障碍等固有局限,影响食品安全治理效果。针对平台自我规制的固有局限,我国形成了由法律和软法构成的事前分层式规范指引机制,构筑了由合规指导和数据共享构成的事中多元化激励机制,确立了由多方监督和行政查处构成的全方位事后监督机制,但仍存在事前规范指引体系不协调、事中激励机制待改进及事后监督缺乏回应性等突出问题。对此,需要通过强化餐饮经营标准体系建设和筑牢平台规则生成的监督反馈机制,全面完善平台自我规制的事前规范指引机制;通过丰富合规指导和引入多种激励措施以及推进政府与平台数据共享,全面改进平台自我规制的事中激励机制;通过促成高效的多方监督和提升行政查处的威慑力,形成高效且有回应性的平台自我规制事后监督机制。

Although the self-regulation of online catering platform has the advantages of food safety governance,it also has inherent limitations such as personal interest preference, lack of professionalism and implementation obstacles,which affects food safety governance.In view of the inherent limitations of platform self-regulation,China has formed a pre-purchase hierarchical normative guidance mechanism composed of laws and soft laws,and built a multi-incentive mechanism composed of compliance guidance and data sharing.It has established a comprehensive post-purchase supervision mechanism composed of multi-party supervision and administrative investigation.However,there are still some prominent problems, such as uncoordinated prepurchase regulation and guidance system,unimproved incentive mechanism and lack of responsiveness of postpurchase supervision.Thus,it is necessary to improve the catering business standard and strengthen the supervision feedback mechanism generated by the platform rules,so as to comprehensively improve the pre-purchase normative guidance mechanism of the platform self-regulation.Through a range of compliance guidance,the introduction of various incentive measures and the promotion of data sharing between the government and the platform,the incentive mechanism of the platform’s self-regulation can be comprehensively improved.By promoting efficient multi-party supervision and enhancing the deterrence of administrative investigation and punishment,we can build an efficient and responsive post-purchase supervision platform self-regulation mechanism.