The Research On The Compulsory Insurance Of Food Safety Liability

In recent years, food safety accidents, both against the consumer’s health, but also to give a heavy blow to the food industry, such as "alcoholic liquor" traced "plasticizer" incident the same day, alcoholic liquor emergency suspension,14liquor stocks invisible evaporation than300billion of assets, which shows the relationship of food safety has become a major issue to the national economy. Food safety responsibility compulsory insurance is to adapt to the food safety status of the objective product, its mandatory security, risk diversification, shift responsibility, greatly safeguard the legitimate rights and interests of consumers, the food industry to adapt to the development of the objective requirements.In this paper, an empirical analysis of the implementation of the food safety status of liability insurance to analyze, in practice, widespread insurance rate, fewer types of insurance, the insurer is not positive and other negative phenomena. Liability insurance can not be fully functional, are facing a serious food security situation, the introduction of government intervention "compulsory liability insurance" is necessary. Meanwhile, the proposed implementation of food safety responsibility compulsory insurance system path, the proposed development of "food safety accident liability compulsory insurance regulations," and regulations specific content views.This paper is divided into four parts:The first part of the food safety responsibility compulsory insurance system overview, from food safety liability compulsory insurance-related concept, elaborated food safety liability compulsory insurance system theory and social values, learn from the U.S. product liability insurance on food safety issues regulations, and strive for the post text of the system construction to provide experience and pave the way.The second part of the food safety responsibilities subject of compulsory insurance, namely food safety responsibilities. Describes the causes of food safety responsibility, the nature and scope, while noting that the scope of responsibility for food safety and food safety liability compulsory insurance coverage is not consistent.The third part of the food safety responsibility compulsory insurance clients, relationships and victimization third person. Discusses in detail the insurer to determine eligibility, the insurer’s compensation program, the limits of liability, exclusions, and the insured and the insurer’s obligation to the third party claim and the characteristics described, how to coordinate the main benefits of this chapter the focus of discussion.The fourth part of the food safety responsibility Compulsory Insurance System. Focused on the establishment of food safety responsibility in our legal system, the feasibility of compulsory insurance, expedite the introduction of "food safety accident liability compulsory insurance regulations" is China’s food safety responsibilities to build the system of compulsory insurance in the path, and from the food safety management principles Compulsory Liability Insurance, the subject of compensation, the compensation range and premium burden put forward four specific implementation advice.