Research On Legal Problems Of China's Compulsory Food Accident Liability Insurance

At present, many countries and regions as The United States, Japan and Taiwan have set themandatory feature of compulsory food accident liability insurance in terms of draft articles oflegislation and established the system of compulsory food accident liability insurance. It has alreadybeen proved by the practices of the world that compulsory food accident liability insurance canmaintain the legal rights of consumers effectively and give them reasonable aid and compensationtimely. It can also disperse the damage risk of responsible parties in food safety incident, strengthenenterprises' ability of fend off unexpected incidents such as food poisoning and heavy casualties ofconsumers and sustain the normal operation of enterprises. Besides, compulsory food accident liabilityinsurance is able to reduce the government aid system pressure and thus vindicate its governance imageand public trust.In our country the system of compulsory food accident liability insurance has not been established.There are several reasons as follows. The establishment of sound relevant laws and regulations in ourcountry hasn't been achieved, so the system lacked the necessary detail rules of implementation. Weaksense of citizen legal awareness make them short of the cognition to ensure the food accident liabilityinsurance food safety by public liability insurance. The insurance industry is short of extent andprofundity in developing new categories related to food accident liability insurance.In recent years,high rates of food safety accidents in China and worsening harmful consequences require us toestablish compulsory food accident liability insurance. Obviously, the establishment of the systemcannot be done without theoretical research. But domestic research draws so little attention to legalissues related to compulsory food accident liability insurance that theoretical research is plenty thin.Therefore, based on our national conditions, it is an important realistic meaning issue to probes intocompulsory food accident liability insurance from the legal point of view. Thus has laid the legal basisfor the establishment and implementation of the system. It is precisely because of this, i began with themeaning of compulsory food accident liability insurance, combed its legal knowledge, focus on thenecessity and feasibility and make the measures and recommendations from the aspects of theperfecting of the liability and the construction of operation management.The article content framework mainly includes four parts except the introduction. The first part is the summary of compulsory food accident liability insurance. This part chieflyintroduce the concept, characteristics, nature, basic principles of this insurance, highlight its legalrelationship structures, confirm its the subject, object, content and the rights and obligations of eachparty.The second part analyses the necessity of establishment of the system. Is precisely based on thesepresent situations of frequent accidents of the food safety, the article introduce our country'surban-oriented food accident liability insurance and primarily discuss the function of the system.The third part analyses the feasibility of establishment of the system. This part makes from ourexisting legal construction and social development, introduced the domestic and foreign relevantexperience and expects its effect on the establishment of the system.Concrete conception about the system will be laid in the last part. The conception contains theperfecting of the liability and the construction of operation management.