Remedy Of Food Mass Tort

Food safety incidents happened again and again. It has become a social focus. Food mass tort has many characteristics different from ordinary tort. Food mass tort can be both based on a single, homogeneous infringement and multiple, homogeneous infringements. Mass tort not only damage lots of people, and it will cause people's psychological panic to some extent. Thus, mass tort private nuisance has converted to public nuisance, and mass tort do harm to public safety directly. In the context of mass tort, it is hard to provide timely and effective compensation to the many victims only by the judicial remedy. Liability insurance, as a socialized remedy, has become effective way to spread liability of the offender and timely compensate damage of victims. Food safety liability insurance functions fit characteristics of the food mass tort well. So Food safety liability insurance can play a leading role in food mass tort remedy system. There is a certain link and distinction between food safety liability insurance and product liability insurance, catering places liability insurance, product recall insurance. In practice, food safety liability insurance may rise concurrence with social insurance, compensatory life insurance or other liability insurance(such as product liability insurance, catering places liability insurance). Dealing with insurance concurrence should follow the principle of indemnity. The insurance concurrence situations of food safety liability insurance and social insurance, compensatory life insurance and other liability insurance have different approaches. In our country, it is necessary to impose a range of food safety liability insurance. "Special population food", genetically modified foods, "cafeteria food" should be added to the scope of compulsory food safety liability insurance. In addition, government should encourage food companies to insure food safety liability insurance voluntarily through a variety of measures.