Study On Compulsory Liability Insurance Syetem For Food Safety

In recent years,food safety accidents have frequently broken out.The number of victims is large and uncertain.The amount of relevant civil compensation is huge,and the compensation ability of the affected food companies is limited,resulting in the traditional infringement remedies being difficult to fulfill the function of filling the losses of the victims.Ultimately,local governments have to rely on the state's finances to provide relief to large groups of victims.This type of relief has been widely questioned because of lack of fairness.Therefore,the development of a more reasonable system is of great significance for the dispersion of food safety risks and for the maximum relief of victims.Food Safety Compulsory Liability Insurance refers to a kind of compulsory insurance that the specific food company must insure according to the compulsory provisions of the national laws and regulations,and the liability of the defective food may be caused to the third party.Its characteristics are statutory mandatory,public policy,and speciality of insurance targets.It plays a role in diversifying risks,protecting victims,and social management.The theory of economic man hypothesis,mandatory contracting theory,and priority theory of public interests are taken as its theoretical basis..There are many shortcomings in China's commercial nature of the food liability insurance insurance trial,which cannot effectively and fully solve the current food safety problems.In addition,the current law cannot protect the rights of victims,and it is necessary to introduce a compulsory food safety insurance system.For major countries and regions in the food safety liability insurance legislation,the United States adopts a strict product liability insurance model,the EU adopts a welfare product liability insurance model,and Taiwan implements a compulsory liability insurance model.Through comparative studies,it is found that an effective operating system requires With sound laws and regulations,strict liability principles,compulsory liability insurance,and strict damages.Finally,by drawing on domestic and foreign legislative experience,ChinaFinally,by drawing on domestic and foreign legislative experience,China should establish a mandatory liability insurance system for food safety.It is recommended that the State Council promulgate the "Regulations on Compulsory Liability Insurance for Food Safety" and adhere to the legislative prin ciples for protecting victims and the public interest,and provide a legal basis for the food safety compulsory liability insurance system.In the specific content,it is recommended to clarify the insurance entity,determine the insurance premium rate,determine insurance liability,set up a rescue fund,and grant a direct claim to third-party insurance premiums.