A Research On The Compulsory Liability Insurance Of Food Safety In China

Great attention must be paid to food safety for people will regard food as their prime want,and food safety concerns people's health and life security.In recent years,the frequent occurrence of food safety accidents in China has seriously infringed on the legitimate rights and interests of consumers.Many food enterprises have lost their commercial reputation and even bankrupt,causing a series of social problems.Unlike general safety accidents,food safety accidents often have characteristics of mass,scale and sociality.In the large-scale food safety accident,in order to maintain the stability of the social order,the government finally take on the responsibility of compensation and aggravate the financial burden of the government.In addition,in food tort cases,consumers' ability to resolve disputes through mediation and reconciliation is insufficient and litigation relief is difficult to prove.Even if the lawsuit is successful,it is also difficult to carry out.When the two relief methods are difficult to protect the interests of consumers,it is urgent to find other rights and interests relief method,so the food safety liability insurance is taken away.It has been developing in China for a long time,but the insurance rate is relatively low,and the compensation function of liability insurance is not fully played.Based on the urgency of the problem of food safety in China,many scholars call for the establishment of compulsory insurance for food safety.After the occurrence of food safety accident,protecting the victims to obtain timely and effective relief.which provides a new idea for solving food safety accidents.The main content of this article is divided into four parts:The first part is about the definition of related concepts,the compulsory insurance of food safety is compulsory in the state.The introduction of the system is the combination of market regulation and state intervention,it has the basis of economic law.In addition,combining tort liability with liability insurance,it has jurisprudential basis.Finally,the system has the positive functions of protecting the interests of victims,decentralizing business risks and sharing government responsibilities,but at the same time,it also has negative impacts.The second part is about the necessity and feasibility.The victims of food tort cases are not well remedied and the current food safety liability insurance is hindered,which makes it imperative to carry out the compulsory insurance.At the same time,discussing the feasibility of building the system from theory and practice.The third part is about the system concept and value pursuit.The construction should follow the social public welfare,the state moderate intervention,the balance of rights and obligations and other institutional ideas,and pursue the value of justice and order.The fourth part is about the construction of the system in China.Combined with the current status of the food industry,we should clarify the related subjects and establish a business management model.Finally,the scope of application,the scope of responsibility,the limit of responsibility,the direct claim of the third person.