Research On Food Safety Liability Compulsory Insurance System In China

In recent years, serious food safety incidents have continued to occur unceasingly in China, and thus the public’s interests have been hard damaged, the market economy order have been destroyed greatly, and also the government has been pushed forward in such incidents to play the role of remedy party. The compulsory liability insurance of food safety, as a system aiming to protect the victim’s interests, compensate the damages and transfer the risks, will play an important role in protection of the victim’s lawful interests, healthy development of the food industry and harmony and steady of the society.This thesis begins with an introduction of basic theory of the compulsory liability insurance of food safety, then thoroughly explains the system of the compulsory liability insurance of food safety, and aims to demonstrate the necessity and feasibility of establishing the compulsory liability insurance of food safety. In the end, some personal suggestions are proposed on how to perfect the compulsory liability insurance of food safety in China.This thesis consists of four chapters:The first chapter:The basic theory of the compulsory liability insurance of food safety. This chapter generally introduces the basic theory of the compulsory liability insurance of food safety, from the respective of defining the concept of "food", "food safety", "liability of food safety"The second chapter:The current situation of food safety and the liability insurance of food safety in China. The current situation of food safety in China is not optimistic, for many food safety incidents have occurred unceasingly, which reflects on one hand the seriousness of our current situation of food safety, and on the other hand, the disadvantage of missing the system of the compulsory liability insurance of food safety in China. The liability insurance of food safety is just at the beginning in China, and there still exists a big gap compared to the developed countries. We should introduce the compulsory liability insurance of food safety into the food industry, establish the system of risk distribution, and further perfect the food safety law system.The third chapter:Analysis of the feasibility of establishing the compulsory liability insurance of food safety in China. As to the necessity of establishing the compulsory liability insurance of food safety in China, an analysis will be done from the point of protection of the lawful victim’s lawful benefits, distribution of the business risks of food companies, decrease of financial burden of government, and development of the insurance industry and etc. As to the feasibility of establishing the compulsory liability insurance of food safety in China, an analysis will be done from the point of the law environment, the government policy support, the development status of the insurance industry, and the successful performance of "Automobile Traffic Accident Third Party Liability Compulsory Insurance", and etc.The fourth chapter:The establishing of the compulsory liability insurance of food safety in China. Suggestions have been made on how to complete the food safety law system, how to design the liability insurance of food safety product, how to perfect food safety supervision system, how to set up matched and interrelated rules and etc.