On China's Liability Insurance Of Foods From The Perspective Of "Sanlu Milk Powder Scandal"

In recent years, there frequently happened vicious events about the food safety in china, people's lives and economic order has been hard hit. The society paid more and more attention to the liability insurance of the foods. The liability insurance of the foods is a system of shift the risk and solving the compensation. It can protect the producer and ensure consumer's rights and interests strongly. It also can maintain steady economic operation and promote harmonious development of society. In China's current economic situation and cultural environment, the liability insurance of the foods is of great practical significance."Sanlu milk powder scandal"as the background, the paper depth of the value and the functions of the legal system of the liability insurance of foods and the moral hazard effects of it, inspected current developments about the legal system of the liability insurance of foods in China, and analyzed the defects and deficiencies on some of these regulations. Combined with the reflection of "Sanlu milk powder scandal", the author present some comments and ideas about improve the legal system of the liability insurance of foods in China.The paper is divided into four parts:Part I: The reflections of "Sanlu milk powder scandal". "Sanlu milk powder scandal" caused a bad effect to the social life in our country, left us with a profound reflection. We have not only the responsibility to prevent incidents of food, but also face up to it from happening. The liability insurance of foods can reduce the loss of food accidents to a certain extent and has important practical significance.Part II: Analysis of the value of the liability insurance of foods. The liability insurance of foods has a very positive role that can truly protect the lawful rights and interests of third persons, ensuring the economic stability and development, preventing food safety accidents to some extent; the liability insurance of foods also has some negative effects, it will produce moral hazard.Part III: Inspection of status about the legal system of the liability insurance of foods in China. The liability insurance of foods in China has not formed its own independent legal system, relevant content scattered among a number of laws and regulations. Product liability law and insurance law is the most important institutional support, many of which provisions also exist some shortcomings, need to be further improved.Part IV: Inspiration of "Sanlu milk powder scandal" on improving the legal system of the liability insurance of foods in China. On the one hand, "Sanlu milk powder scandal"reflects China's current food security situation in the grim situation. On the other hand, it also shows the urgency of improving the liability insurance of foods in China. China should be introduced in compulsory legal system about the liability insurance of foods in stages, established the mechanisms for risk diversification, create a compensation fund, and further improve the legal matching system.