Study On The Guarantee Mechanism Of The Third Party Of Food Safety Mandatory Liability Insurance

Strict food safety tort liability is conducive to protecting the rights and interests of the third party.But strict liability can not achieve the purpose of relief if the infringer does not have the ability to pay.So Food Safety Mandatory Liability Insurance is the best choice for making up for the shortcomings of tort liability.Food Safety Mandatory Liability Insurance is the statutory insurance.Its subject-matter insured is the insured person ’s liability for the third party of the food safety accident.The legislation purpose of Food Safety Mandatory Liability Insurance is to protect the rights and interests of the third party.To achieve this purpose not only to insured forcibly,but also to design systems that are different from general liability insurance.First of all,because the third party of the food safety accident is not a party to the liability insurance contract,he or she can eventually get compensation for relief only through the insured asking the insurer for insurance indemnity according to the principle of contract relativity.It shall give the third party the right to claim compensation directly from the insurance company to maximize the rights and interests of the third party.Secondly,the insurance liability system should be strictly regulated for the third party to maintain the basic living allowance.At last,the insurance contract is an important basis for the insurer to bear the liability.So it shall limit the parties to the contract to change,cancel,terminate the compulsory liability insurance contract in order to ensure the stability of the contract and set up strict contract effectiveness maintenance system.The above three systems are the core elements of the third party protection mechanism.This article makes the following recommendations for the establishment of third party protection mechanism.One,establish the right of direct claim of the third party in the form of legislation for optimizing the third party claims path and allow the third party to directly prosecute insurers to avoid repetitive litigation.Two,property damage compensation,mental damages and punitive damages shall not be covered.It only needs to meet the normal needs of the third party to maintain basic life.In addition,the insured’s intentional conduct should be covered for the protection of third party.And give the insurer the right of recourse.Three,changes and cancellations and termination of insurance contracts should be strictly limited.The insurance company may terminate the contract only if the insured violates the obligation to truthfully or intentionally creates an insurance accident.The insured shall not terminate the contract in advance unless the cancellation or revocation of the business license.The contract is not retrospective.But the insurer has the right of recourse.