Research On Legislation Of Food Safety Compulsory Liability Insurance In China

In recent years, food safety issues occur frequently in China, which has serious impacts on public health and safety. With the emergence of a series of reports,food safety issues become the focus of society. Due to food safety incidents, victim’s health cannot be guaranteed. Besides,food production and operation enterprises are facing the risk of bankruptcy,which causes damages to employees and their families. China’s legislation on food safety compulsory liability insurance should be put on the agenda to improve the food safety system in our country, to promote the healthy development of the food industry, to perfect the relief system for victims, to transfer risks of food enterprises, and to alleviate the financial burden of the government. This thesis focuses on the legislation of compulsory liability insurance of food safety analyzing its necessity and feasibility in our country, then puts forward suggestions to the construction of legislation.The thesis is divided into four parts. The first part is an introduction to the basic theory of compulsory liability insurance of food safety including definitions of liability insurance, liability insurance of food safety,compulsory liability insurance of food safety; then illustrates three legal characteristics of food safety compulsory liability insurance, which are legal compulsion, social public welfare, legal compulsion and commercial coexistence; from the perspective of law and economics, the thesis chooses the theory of public enforcement, incomplete legal theory and information asymmetry theory to support the legislation of food safety compulsory liability insurance. In the second part,the author makes a brief analysis of the food safety compulsory liability insurance in USA, EU and Taiwan to inspire the legislation in our country. In the third part,the thesis further discusses the necessities in the perspectives of a healthy development of the food industry, the improvement of a relief system for victims, the transfer of food enterprises risks, and an alleviation of the financial burden of the government as well as the feasibility based on reality and practical experience. In the fourth part, under the guidance of three principles of prudent science, social benefit and timely claim, the author puts forward a tentative plan for the legislation of compulsory liability insurance of food safety in China with the basic content of the six aspects of the business model, the insured, the scope of liability and so on.