Research On The Food Safety Compulsory Liability Insurance System

According to the statistical data from the internet, at least5times of relatively grave foodsafety accidents occur in China from2005to2010. confronted with such serious situation,although the Food Safety Law of the People’s Republic of China has been adopted at the7thSession of the Standing Committee of the11thNational People’s Congress of China, whichhas provided a new approach to settle the food safety problem in terms of legal system, thecontinual occurrences of the food safety accidents still have not been curbed effectively. Theconstantly emerging food safety problems have caused the public not only to pay moreattentions on the food safety problem, but also to raise doubts on the food safety supervisorysystem of the governments. The government regulators have not decrease the occurrence rateof the food safety accidents, which not only indicates that the government regulators have notperform their duties effectively but also suggests that there exist leakages and defects in thecurrent supervisory laws and system on food safety. It is stipulated in The Food Safety Law ofthe People’s Republic of China that the local people’s governments at or above the countylevel shall be responsible for supervision and administration of the local food safety in theirown administrative regions according to law. But as the administrative organs thegovernments at all level their official duties are over wide fields, so it is difficult to takeaccount of every field. Therefore, to settle the food safety problem it is not only need to relyon the governments and regulators but also need to emphasize the self-management of thefood manufacturers and sellers as well as social supervision of other non-governmentalorganizations, and through the establishment of the food safety compulsory ability insurancesystem put all of them into the administration of the settlement of the food safety problem. Bythis way, it can overcome the “one-way” and “singleness” flaws of the administrativesupervision and make the food safety supervision expend to civil field from the administrationfield with a momentum of interactions and cooperation in multi-level and among multi sectorsengaging in the supervision and management of the food safety. To be specific, based on thesupervision and management of the governments for food safety, it is suggested to establish afood safety compulsory ability insurance system to make the food manufacturers and sellsactively participate in the self-management for food safety rather than passively accepting the administrative supervision and management in the form of participation in the abilityinsurance. And through paying insurance premium, the risks taken by the food manufacturersand sells will be transferred to the insurants and the insurants will become into another socialmain supervisory sector besides administrative supervision and management.Under the guidance of this idea, this article is divided into four parts to discuss the foodsafety compulsory ability insurance system. The first part is the theoretical analysis forinternal jurisprudence and game theory in this system through value analysis method andeconomic analysis method to show the public the features and advantages of this system. Thesecond part is focused on the functional analysis of this system and is based on the analysis ofinternal functions of the first part and through the analysis for the external functions of thissystem, the features of this system and its beneficial functions to the society are furtherrevealed. The third part is focused on the feasibility and necessity of the establishment of thissystem. Based on the analysis in the former two parts and taking into accounts of the China’scurrent food safety reality and what the system needs, the feasibility and necessity areprovided and this will lay the foundation for the proposing of the specific assumption of thissystem. The fourth part discusses the primary assumption of the food safety compulsoryability insurance system. This part firstly use positive analysis to analyze the possible restrictfactors during the establishment course of this system and to clear the way for thepurposefully designing of the specific content of this system. Secondly, on the premise ofovercoming the strict factors, the assumption of the specific content of this system will beproposed to offer some helpful suggestions for the establishment of the this system.According to the above analysis and discussions, the food safety compulsory abilityinsurance system will be enriched theoretically and will also help to accelerate its enteringinto the legislation. This will not only promote the development of the food safetycompulsory ability insurance but also provide the theoretical support and guidance for theapplication and improvement of this system in practice.