Build The Liability Insurance System Of Food Safety Law Thinking

In recent years, Chinese food safety accidents have occurred frequently,from the Sanlu milk powder event occurs in2008, to "rice cadmium poison"、"tainted steamed bun""Shuanghui clenbuterol poison"、"ginger beverage" and other food safety events have exposured in2011, all of them let the public’s confidience on Chinese food safety down. The public calls for the government to strengthen food safety supervision, and hope to get timely, adequate food safety liability. In order to protece the interests of consumers and maintain social stability,scholars call for establishing food safety liability insurance. Through full proof construction of th necessity and the feasibility of food safety liability insurance system, the author focuses on two issues,one is the choice of Chinese food safety liability insurance system pattern, the other is the coverage of the food safety liability insurance, hoping to provide usefull suggestions.The first part of the article will describes the necessity and sufficiency of establishment of food safety liability insurance. In fact,some scholars have equal food safety liability insurance with the quality of products liability insurance. According to this situation,the author firstly give the food safety liability insurance a definition in food safety risk,and based on the comparative analysis between the food quality and food safety liability insurance,to highlight the necessity and feasibility of food safety liability insurance.In the second part of the article,according to the controversy of food safety liability insurance mode, the author put forward in our country should be established on voluntary and mandatory combined food safety liability insurance, and proved that the necessity and feasibility of estabishment the compulsory liability insurance of food safety. The author also put forword that we should implementate the compulsory liability insurance of food safety between the dairy products and edible oil、oil and related products.Finally, the third part of the articele for food safety liability insurance coverage were defined,especially for the theory and practice of controversial intentional behavior for damages,costs of recall, punitive damages and compensation for mental damages can be incorporated into food safety liability insurance coverage for the analysis and research.