On The Establishment Of Food Safety Compulsory Liability Insurance Legal System In China

As people are the center for a country and food is the paramount necessity of people, food safety becomes the top concern in society. Food is not only the material condition of human existence, but also the basic element of national security and social development. In any country, at any time, food, alongside its safety, is the eternal themes of national leaders and ordinary people. The development of food industry has a close relationship with our health and life, but in recent years, food safety problems are emerging dramatically in China which has aroused considerable concern in nationwide. Several events are listed here: 2004 milk powder incident in Fuyang; poisonous wine in Guangzhou; Chinese vermicelli in Longkou; Chen Hualiang event; 2005Nest milk powder exceeds in iodin content; Bright milk back event in Zhengzhou; 2006 benzene in Coke events; Pomacea canaliculata disease incident; clenbuterol-poison incident; "Sudan Red" salted duck egg incident; 2007Weiquan Food Company's milk powder with disease germ incident; Sanlu milk powder incident in 2008; 2009 formaldehyde crab incident; "Sprite mercury poisoning" incident; 2010rice balls with exceed peroxide value cases; the "waste oil" event; 2010 San Yuan Milk Powder "precocious development"event.2011 Shuanghui lean event, Shanghai dye bread incident, Shenyang poison bean incident, ink pasta events. Such food safety incidents happen almost at every moment. Food safety incidents not only does great harm to consumers, who even cannot get effective compensation, but also brings the risk of bankruptcy to the responsible corporations. In most cases, it is usually the government that shoulders the burden and provides relief or compensation for victims. China is now in a transitional and diversified period, so it is an important task to explore a more effective method to solve food safety problems. As Compulsory Liability Insurance takes precautions beforehand and provides reliefs afterwards, it is undoubtedly a wise choice to solve food safety problems.The establishment of food safety compulsory liability insurance in food industry is useful in several aspects:once it happens, the insurance company can provide timely and effective compensation for the victims so that victims receive timely assistance; insurance companies'involvement in food production enterprises can effectively share business risks and promote enterprises to strengthen risk management, and clear the danger of bankruptcy due to large amount of accident compensation; it can also reduce the fiscal burden of government, and serve as the effectively supportive role in governmental social management, resolve social conflicts, promote steady economic development and maintain social harmony and stability. Therefore, it is of great significance in both theory and practice to establish compulsory liability insurance in food safety system.Divided into four parts of this article was discussed. The first part is about basic overview of compulsory liability insurance system of food safety, expounded the concept associated with the compulsory liability insurance system of food safety, as well as its legal characteristics and significance of, and on foreign food safety examination of the system of compulsory liability insurance and Enlightenment to China. Part two analysis of the theoretical basis for compulsory liability insurance system of food safety, analysis of its economics theory and theoretical basis of economic law. Part three is about building China's food security analysis on the necessity and feasibility of compulsory liability insurance, Discusses the construction need to build food security in China compulsory liability insurance of the construction of the system, and whether the conditions. Part IV is the sublimation of the article, details the construction of China's food safety system of compulsory liability insurance legal content. Authors from the principle of legislation, legislation, legislation and legislation on food safety in China should pay attention to the problem, and so construction of compulsory liability insurance legal system in detail.As compulsory liability insurance in food safety system is new, very few studies have been made on this issue, so this article is much creative. The innovation of this paper is to construct the specific content of the system in a bold way, but it is also the biggest challenge. Due to lack of references in related field, coupled with the author's limited competency, the paper may not take everything into account when designing the system.