The Research Of Establishing Food Safety Compulsory Liability Insurance In Our Country

The industrialization and rapid economic development in our country contribute to the rapid development of the food industry, especially in the last 10 years of the 20th century, our country's food industry have made a fast development with a growth rate of 10% every year. Then the food industry became the first backbone industry. At the same time the food safety has become more and more serious. The date coming from China Health Statistics Yearbook showed that there were 304664,276626 food sanitation punishment criminal case in 2007 and 2008. The product liability insurance in United States, Western Europe and Japan has become an important component of liability insurance, and formed a relatively mature product liability insurance system. In China, product liability insurance came out since 1980, but developed slowly. Specific food safety liability insurance has just begun. The vigorous development of China's food industry is accompanied by a variety of food safety incidents. As one of the effective means of solving food safety violations, food safety liability insurance came out, and developed orderly while the Food Safety Law was issued. The Food Safety Law of the People's Republic of China which was adopted on February 28,2009, came into effect on June 1,2009 contribute many scholars into studying the Food Safety insurance, and many scholars think it's a opportunity to establish Food Safety insurance. First, through the function of transferring risk and averaging loss, food safety liability insurance spread out the compensation liability of food production and sales corporate. It enables enterprises to maintain normal production operations and sales, is also helpful for market-economic stability and development. Second the victims can get compensation from food safety liability insurance instead of food production and sales corporate, which allows the victims to obtain compensation timely and effectively. It is helpful for protecting the lawful rights and interests of victim. Third, through the economic mechanism and policy enforcement food safety liability insurance can promote food production enterprises to improve food quality actively. In view of food safety liability insurance's positive role in transferring the risk of food production and sales corporate, compensating victims. It is urgent to establish our own food safety liability insurance system, and make it became a compulsory insurance. Currently, only a few insurance companies in China launched food safety liability insurance, food safety liability insurance's further implementation still needs the support of legal and other sides.There are five parts in the paper to discuss establishing food safety compulsory liability insurance in our country. The first part of this article describes the background, purpose and significance. The second part is an overview of product safety liability insurance, which describes the generation and development of foreign products liability insurance and the status and problem of product liability insurance in China. The third part discusses the legal environment and necessity of establishing food safety liability insurance in China. The fourth part proposes vision of establishing food safety liability insurance in china.