Research On The Legal System Of Food Safety Compulsory Liability Insurance

Bread is the staff of life. Food is the necessity for human’s survival and development, then food safety has direct relation with people’s health and life security. Food safety accidents have occurred frequently in recent years, which make people jittery. First, the victims cannot help but get hurt for the second time because they can’t receive timely and overall compensation for many reasons after the accidents. Secondly, for the food production enterprises or the sellers, once the food safety accidents occurred, the large amounts of compensation for the consumers would also influence and affect the enterprises’operation and development badly. Finally, the related government department should not only build the early warning mechanism to prevent the food safety accidents, but also have the function of dealing with emergency and stabilizing the society, otherwise, the government department would pay the bill when the victims cannot get enough compensation from the infringers. This article is written on this background. The food safety compulsory liability insurance has the function of risk diversification and risk shifting, and it can ensure the victims get enough compensation timely, reduce the government’s burden effectively and guarantee the enterprises against bankruptcy. The effective implement of Traffic Compulsory Insurance has provided us with abundant experiences; therefore, to build a system of food safety compulsory liability insurance in China is a wise move. Focusing on whether and how to build the system in China both basing on theory and practice, this article contains the following sections:Section one, explaining the definitions of food safety and compulsory liability insurance in theory, introducing their relevant concept, characteristics and current situation of legislation, then further interpreting the content and theoretical basis of food safety liability insurance. And then analyzing the five theoretical foundations of food safety compulsory liability insurance according to the characteristics of compulsory liability insurance such as mandatory, social security and protecting the third party’s interests.Section two, highlighting the current situation of food safety in China and the reasons for this situation and showing the dangerous food safety situation in our country with examples based on reality. Coming to a conclusion that there is no effective supervision mechanism in China through analyzing the food sources, the production and the circulation, which concludes that carrying out food safety compulsory liability insurance is a beneficial thinking.Section three, analyzing the product liability insurances of the developed countries, primarily the product liability insurances of the U.S. and European, taking their essence and discarding the dregs. Then reaching a conclusion that we should build a legal system of food safety compulsory liability insurance that suits the current stage of our country.Section four, this section, which is the core of this article, points out that from all the perspectives such as legal basis, legislative principles, insurant, extent of liability and remedy approach etc., the author’s conception of build such a legal system of food safety compulsory liability insurance in our country is reasonable.