The Construction Of The Legal System Of Food Safety Liability Insurance In China

In recent years, China’s food safety crisis-prone, and this corresponds to the amount of damages compensation cases food also showed a substantial upward trend. It is reported that every year nearly five million cases of food belonging to infringement cases, and the amount of compensation corresponding to this kind of compensation cases reached nearly RMB 600 billion. CPC Central Committee and the State Council pointed out that food safety liability compulsory insurance pilot importance of pilot country gradually.Firstly, from the perspective of basic research on food safety, liability insurance system to sort out. Including what is liability insurance, what is the responsibility of the food safety risks, and what food safety liability insurance. And in order to lay a solid theoretical foundation, the paper describes the mandatory liability insurance of food safety is based on the theory of externalities in economics to solve problems, justice and social security issues on sociology and law.Secondly, the paper analyzes the food safety responsibilities insurance system the necessity and feasibility. China’s food safety crisis caused people to widespread dissatisfaction with food enterprises, but also allow consumers to China’s food safety regulatory authority greatly reduced. In the face of increasingly serious food safety crises, should be built on the basis of existing legislation on insurance and liability from the double perspective of food security crisis to defuse an institutional system, food safety risk for the community to undertake the creation of a legal basis.Again, the paper extraterritorial food safety liability insurance system to be introduced. Liability insurance will be established in the form of statutory undoubtedly get more good results, Germany, the United States, Japan and other countries precedent. When certain specific activities in the body due to infringement cases requiring liable, their respective liability insurance previously purchased can serve to reduce its losses, to a certain extent, protect their interest’s role. In contrast to China’s development trend of domestic liability insurance is not optimistic. Whether it is our liability insurance in proportion throughout the property insurance industry, or its share of the gross domestic product are negligible in proportion, therefore, must be strengthened liability insurance system in our country.Finally, the paper is to build strategies and recommendations on food safety in China liability insurance system. In China’s food safety liability insurance establishment of a sound, for our national economy has a strong role in safeguarding plays an important role in the economic development process in the food industry. Legislation to establish the basis of liability insurance in the pilot mechanism, and further improve the food safety mandatory liability insurance in specific systems, supporting measures, so that you can play to the social function of food safety liability insurance, can effectively protect the fundamental interests of the overwhelming majority of the people. In the long term, for the development of the entire national economy as well as the security and stability of the country is important.