The Legal Research On The Compulsory Liability Insurance Of Food Safety In China

Food safety is related to the survival and development of human beings. The current China’s good momentum of economic development and agricultural products, planting technology innovation and promotion contributed to the food supply in China toward variety, supplied superabundant good development trend, however serious food safety problem placed in front of us, major food safety incidents continue to frequent the threatens hundreds of millions of people’s health and life safety. For food safety accident victims, only rely on their own strength, through the existing civil relief way simply can not get timely and effective compensation and assistance, led to the emergence of many of the victims because of the bankruptcy losing compensation ability and other reasons declaration of corporate responsibility and not of the plight of the remedy of, the development of food enterprises will also because of a security incident and suffered heavy losses. Damage caused by food safety problems with social and irreversible, therefore, solve the food safety problems will eventually have to rely on the power of the state to play a dynamic role, design more reasonable system to fundamentally eliminate market ills, and earnestly safeguard the legitimate rights and interests of consumers, and promote the healthy development of the food industry.From the perspective of law and economics, the main causes of market failure and food safety problems in the food industry is the existence of information asymmetry and negative externalities. At this time, not only the needs of the victims through self-help seek redress and remedy, need government supervision more effective, to promote the optimal allocation of resources in the food market, and earnestly safeguard the legitimate rights and interests of victims of food safety accident. In the control of food safety, China in addition to the "product quality law", has issued a special "food safety law", construct the food safety regulatory system more efficient and unified, clear the food safety standards, establish the monitoring of food safety, food recall, food safety license system. At the same time, the market mechanism itself has another set of balance control system, which rely on the strength of the market itself, but also can play a guarantee of food safety effect.This article will focus on the current situation of food safety and its relief, food safety compulsory liability insurance system of the nature of the analysis, mainly contains five parts, the style is as follows:Chapter one, the research category and prerequisite of the elaborate, clarify food safety compulsory liability insurance related concepts based on, based on the perspective of human rights and public interest from the legal level in the face of food safety compulsory liability insurance system is analyzed. In the second chapter, the author tries to discuss the necessity. The third chapter, the author will through the in-depth comb our current compulsory liability insurance legislation status and other related civil legislation present situation and from the two dimensions of reality and legal level analysis our country specific food safety compulsory liability insurance system is feasible. The fourth chapter, the based on the above analysis, from the path selection and specific operation proposed on the construction of China’s food safety compulsory liability insurance system, some suggestions, hoping to provide a reference for our country on this issue of theoretical research and legislative practice.