Empirical Study On The Legal System Of Food Safety Compulsory Liability Insurance

Under the background of rapid development of national economy,food industry market transactions continue to grow and food safety incidents are increasing. This not only makes the consumers suffer from the loss of property and personal damage, but also leads food production companies to a heavy blow. After the food safety accident, the state organs pay more attention to the punishment of criminal and administrative liability, yet less attention to the victims of the relief...Although the victim can protect their own legitimate rights and interests through the two means of the relief and the public power, because of the characteristics of the real situation and food safety incidents in China lead these two methods are very difficult to work.. On the one hand, the lack of corporate social responsibility leads to the difficulty of the two parties to reach an agreement, even if the agreement is not enforceable and the risk of the performance can not be fulfilled. On the other hand, due to the special nature of food safety cases and the legislative defects, the victims are often faced with the risk of losing the evidence and losing the lawsuit.When it is hard to seek remedy the private or public relief. give better relief to the food safety accident victims, the necessity of establishing the compulsory liability insurance system for food safety highlights. The food safety compulsory liability insurance system can solve the problem of the victim’s relief after the accident to some extent, it can not only protect the interests of the insured, but also safeguard the legitimate interests of the victim. The compensation effect is achieved by third people the establishment of food safety compulsory liability insurance system has been feasible..The promulgation of laws and regulations "Food Safety Act" provides a good legal environment for the establishment of food safety compulsory liability insurance system, and laid a solid legal foundation, the further development of liability insurance provides a realistic basis, the development of cross insurance and the development of the relevant food safety liability insurance business provide a good reference for the development of the insurance business.. the potential demand of the market as well as the support of the related theories all explain the implementation of the compulsory liability insurance system for food safety.The implementation of the food safety act forty-third provisions of our country to establish food safety liability insurance system in October 1, 2015, Before this, China Insurance Regulatory Commission jointly with the office of food safety committee of the State Council, the State Food and Drug Administration jointly issued guidelines regarding the development of food safety liability insurance pilot work requirements to carry out food safety liability insurance pilot work.However, the current food safety compulsory liability insurance system in China, in its specific content is still in the blank state. Through the reference to foreign related system, and the reality of China, The construction of the compulsory liability insurance system of food safety should adopt the floating rate, strict liability principle endow the third with the right of direct claim, the scope of the responsibility and the liability limits and so on.The innovation of this paper is to demonstrate the necessity of establishing the compulsory liability insurance system of food safety in China through the present civil relief after the present food safety story in China.. At the same time, the last part of the article also put forward their own suggestions for the construction of the system, in order to explore the development of China’s food industry.