Research On Food Safety Compulsory Liability Insurance Legal System In China

In recent years,food safety incidents who have been occurring result in the compensation of civil case of food safety, and the media reports on civil compensation case in food safety emerged in endlessly,so society concerns on whether consumer can get civil liabilities of food safety. Since 4th plenary session of 18 th CPC Central Committee put forward the Rule by Law, legislature had accelerated system of food safety laws improved. Both the first of draft of "Food Safety Law" published in 2013 and the second of draft of "Food Safety Law" published in 2014 encourage the building of liability insurance of food safety. Then because of the Rule of Law,citizens are more active to study the law,apply the law to protect the civil rights. Furthermore,the essence of civil compensation of food safety is the coordination and security of interest among multi subjects. Therefore, in consequence of advocacy of country,pursuit of consumers,demand of food industry,when the food safety legislation is relatively perfect, the research of China’s compulsory liability insurance of food safety law system is very meaningful for achieving the balance and harmony of interests.Firstly, this paper defines the concept of food safety,food safety responsibilities, food liability insurance,food mandatory liability insurance and other multi-sides concept;then based on law,economics insurance and other points of view,this paper chooses subsistence and development theory, market regulation theory, macro-control theory;bounded rationality theory,asymmetric information theory; compensation theory,dangerous shift theory and other theory as the theoretical foundation. Subsistence and development theory from the science of law and Market Regulation theory,Macro-control theory from the science of economics provide legal theory support to build food safety mandatory liability insurance;at the same time, using economics theory of bounded rationality, asymmetric information theory to theoretically analyze food safety issues of civil compensation;finally,compensation theory,dangerous shift theory from the science of insurance provides a theoretical reference for the construction of the food safety system of compulsory liability insurance law.Secondly,the paper analyses the present situation of civil liability of food safety at this stage. Firstly it summarizes the status of our country’s legislation about food safety responsibilities and then analyzes the characteristics of the trend about food safety civil compensation and reparation cases in recent years. What’s more,it puts this typical kind of case as a reference point,it analyze our country’s implementation typical cases about food safety civil liability,thus concluding three aspects reasons about consumers,food enterprise, and other relevant departments as well as summed up the psychological,institutional and legal aspects of the three reasons,confirmed the introduction of food safety liability insurance system to the area of food safety..At the same time,through the analysis about tort liability influence to the liability insurance and comparative analysis between the types of the liability insurance,it summarized that compulsory liability insurance should be introduced into the food safety area. Combining the whole demands of the consumer,the food industry,government and society at present and the survival and development conditions that liability insurance,legal,institutional have been granted to build the law system about China’s food safety mandatory liability insurance.On the basis of these survey, it further analyze the constitution and implementation of food safety mandatory liability insurance legal system in the United States and China’s Taiwan region,it combines with the status of China’s product liability insurance and the characteristics of civil liability issues about food safety at this stage,thus obtaining several enlightenments for the construction of China’s food safety mandatory liability insurance legal system.Finally,relying on the overall interests of harmony as the core principles,and other basic principles of food safety system such as the principles of honesty,timely claims principles,prudent scientific principles respectively to mandatory liability insurance related subjects, business model,rates,compensation range,disclaimer items,legal liability six aspects and other basic content to build China’s food safety system about compulsory liability insurance law.