Research On Food Safety Compulsory Liability Insurance Legal System In China

For a long time ,our country food safety incidents always happend, after the related security incident happend, it is imperative that how to make victims get effective relief. In terms of the current food risk bearing mechanism, the enterprise will be because of the burden of risk under unsustainable loss, the victim is forced to face alone for a long time to take risks,the government bear the public opinion and financial pressure that caused by related security incidents. And food safety liability compulsory insurance can make food production enterprises enhance the ability of resistance to unknown risks and avoid shutdown caused by unsustainable loss or the dilemma of bankruptcy, the victim can get an effective remedy, at the same time, the government can relieve the pressure of public opinion and the greatly financial. This text based on the perspective of food safety liability compulsory insurance legal system building, concrete research is divided into four parts.The first part state food safety liability compulsory insurance basic problems. With food safety liability compulsory insurance related concept as the breakthrough point, from the victim's rights and reinforce maintenance's responsibility consciousness, build the flexible mechanism of risk bearing ,three aspects expound the necessity of build the legal system,from building the legal system .the reality basis, legal basis, three respects set forth its feasibility.The second part inspects our country food security liability compulsory insurance pilot.In hunan, Shanghai, zhejiang province as an example, the subject of insurance, insurance breed, insurance rates, reimbursement system and regulatory system five aspects summarizes some experience but also has a problem.The third part explains related insurance legal system in developed countries or regions,draw from ginseng protect object, insurance rates or remedies based on comprehensive economic strength and the area's actual situation,construction of legal system which accords with the situation of their own enlightenment.The fourth part from the insurance subjects,varieties and rates,claims and regulatory aspects constructing the legal system. About insurance main body, select insurer adopt the model of early assign and specified later,then through strengthening incentive constraint measures such as subsidies to guide to make ginseng actively involved in the ginseng,provided the victim's direct request purchasing; In terms of rate, adopt the method of industry classification benchmark premium at the same time, the implementation of rewards and punishments and strengthen the premium features; In terms of claims, claims's procedures in order to convenient for target, realizing the highlyeffective, follow-up tracking, etc.; about administration, circ shall cooperate with drug, at the same time introducing insurance institutions, achieve the goal of social governance together.