Legal System Of Product Liability Insurance

In recent years, China's food safety issue has been worrying Enterprise:Past few years, fake liquor cases in Shanxi, Milk powder incident in Fuyang, AnhuL Sudan Events to 2008 shocked the world "Sanlu incident, " Even more shocking is that when the Sanlu incident, the State Administration of Quality Supervision of the special inspection on dairy products Find that 22 manufacturers of infant formula 69 batches with different levels of melamine detected,Including Yili, Mengniu, Ashley and other countries well-known brands on the list. As a food business, the foundation of its existence is to ensure food quality and safety. However, we can see from the Sanlu incident, The dairy milk producers have been aware of melamine contamination, has been neither announced any news. Even more worrying is that some batches of product actually is a national inspection-free products. As a well-known enterprises, the state exemption enterprises these manufacturers, their physical and mental health consumers about the serious incident irresponsible attitude, it is difficult to understand. Is also clear evidence of lack of corporate social responsibility. Although Sanlu has been the initiator of the event held by the law, has been duly sanctioned. However, Sanlu has gone bankrupt, as a victim of the majority of consumers, especially now that the obvious symptoms of the injury suffered by consumers of their compensation to be effective, is still an open question. Therefore, how to improve the compensation mechanisms for business to consumer, Especially after the demise of corporate legal entity to assume the responsibility of the consumer. The protection of legitimate rights and interests of consumers, strengthen the awareness of enterprise risk, building a harmonious society is significant.In this paper, a reasonable and win-win product liability system as the starting point, a legal point of view, analysis of product liability insurance, basic theory and principles, accountability of the product with the actual, and learn the advanced experience of foreign countries, establish a comprehensive security system of product liability law. This article is divided into four parts:The first part is about the basic theories of product liability insurance. First introduced the concept of product liability insurance and which original, on this basis to define the meaning of product liability insurance and extension. Then introduces the other insurance product liability insurance is different from the characteristics, highlight features such as the generation about the basis for the development of special, subject-specific underwriting, insurance, special interests, the principle of special claims, compensation object special risk control. Thirdly, on this basis the product liability insurance that has a unique social function, and how these social protection function of producers, consumers and other interests of all parties.The second part is about product liability insurance system for the main content. First introduces the basic principles of general insurance principles, such as insurance benefits, Based on this outstanding product liability insurance liability insurance as a unique principle,That give priority to the principle of protecting the interests of victims and the third person in the practice of this principle to the protection of consumers. Secondly, based on existing laws and regulations define the main product liability insurance coverage, and divided into different levels, Another highlight is that this will not be as relevant administrative body also serves as the main responsibility. Third, the description of the common liability and exclusions of insurance; Fourthly, according to the risk premium is proportional to, because the alternation of the principles for change with the time the determination of premium rates to determine the principles and specific factors.The third part of the development status of China in particular, liability insurance problems in-depth analysis. First, the product liability insurance laws and regulations related to the status and statistical norms; Secondly, based on the above findings obtained product liability insurance system of the main problems:Legal environment that is not perfect, The absence of compulsory-insurance system, imperfect risk management measures. Targeted for the following problems provide the basis for.The fourth part writes the Improvement of the product liability insurance system. The third part of this section followed by product liability insurance problems, and further improved to solve these problems demonstrate the necessity and urgency, On this basis, by improving the product liability insurance system specific recommendations System from the laws and regulations, clearly attributable to the principle of product liability insurance, pilot and gradually product liability insurance system compulsory, improve the risk management measures multi-dimensional perspective, systematically improve the product liability insurance system.