Research On The Construction Of China's Food Safety Responsibility Compulsory Insurance System

In recent years,China's food safety incidents frequent,high incidence of food safety issues so much attention.A considerable number of food safety incidents have exposed the serious problems of food safety in China,although the state has been constantly revised "food safety law" and related laws and regulations,increase food supervision and punishment,but the food safety tragedy is still happening.In these food safety accidents exist in the responsibility of enterprises unable to compensate,a large number of victims are not timely and effective relief and compensation,and ultimately by the government to pay for the responsibility of enterprises to pay the problem.In this case,it is necessary to introduce the food safety liability compulsory insurance system,mandatory food production operators to purchase liability insurance,playing insurance "decentralized risk,transfer compensation" function,thereby reducing the operational risk,improve the victim compensation status quo,But also to a certain extent for the government to reduce the burden.This paper analyzes the legitimacy of food safety insurance from the challenge and challenge of the food safety liability compulsory insurance in our country.And then on the food strength to start a specific system on the construction,with a view to our future food safety insurance system to establish a good foundation.The first chapter of this article is an overview of food safety insurance,mainly including the definition and analysis of the concept of strong food safety,so that readers have a clearer understanding of food insurance.And then analyzes the doubts and challenges faced by the strong economic insurance,and answers and analyzes the challenges and challenges it faces,and demonstrates the legitimacy of the existence of compulsory insurance from both academic and practical aspects.Followed by further from the food production operators,insurance companies,victims and government stakeholders from the perspective of the relevant aspects of the establishment of the need for strong economic insurance in China.It is well known that the necessity is not enough to establish a new system,so the author of the implementation of food safety insurance system from the legal basis,market foundation and the existing compulsory insurance experience of the same three aspects of its feasibility analysis,To prove the necessary and feasible to build food insurance.The second chapter of this paper is mainly on the macro-design of food safety insurance system,including: food and economic risk in China to implement the legislative form and business model.Specifically,the author believes that the implementation of compulsory insurance in China should be similar to the compulsory insurance model,that is,first in the "Food Safety Law" provides food safety insurance system,and then by the State Council promulgated the "Food Safety Liability Insurance Ordinance " This administrative regulations to its specific provisions,so that the upper and lower law organic combination,complement each other.In the business model,the author proposed to blend business model and conquest model,to take the "government-led + business base" business model,reflect the food insurance insurance at the same time do not leave the market base.As for the claims system,it is advocated to give third parties the right to direct claims,help to solve the victims are not timely claims.The third chapter of this article is mainly on the food safety insurance system involved in the specific content of the provisions.Many of them for the insured and the insurer's provisions,that is,how to legislate the policyholders,delineation of the scope of the main insured,the insurer should be how to choose.In addition,the article also delineated the scope of the responsibility of food safety insurance,the proposal includes only medical expenses,does not involve mental damages and punitive damages,the limits of the proposed limit to set a ceiling and lower limit,allowing the market subject in the range The discretion to determine the specific amount of compensation,and the exclusion of liability only refers to the food production operators of intentional violations caused by tort liability,and for food producers should be applied to the indirect intent to advance the responsibility.At the end of this paper,we also put forward the suggestions on the system of compulsory insurance system,namely,illegal liability,rescue fund and food recall system and reinsurance system,so as to better implement the food safety insurance.