论我国食品安全责任保险制度的构建

On the Establishment of the System of Food Safety Liability Insurance in China

近年来我国食品安全事件频发,引起政府和公众的高度关注。食品安全问题不仅导致消费者严重的损害得不到充分有效的赔偿,而且造成公众对食品安全的隐忧。当前,政府对食品安全直接监管的局限性、法律法规的滞后性以及食品企业违法成本过低都是导致食品安全问题得不到有效控制的原因。应当将政府监管与社会化救济手段相结合,实行食品安全责任保险制度。食品安全责任保险是侵权责任与责任保险的结合,是食品企业承担社会责任的有效手段。我国应当在立法中明确食品安全强制责任保险的法律地位,确定投保人范围,并完善相关的缺陷食品召回和食品安全风险监测与评估等制度。

In recent years,the frequently happening of food safety incidents arouse high attention of government and the public. A lot of food safety problems not only lead to the serious damage to consumers not being compensated fully and effectively,but also result in public concern about food safety. At present,the limitation of the direct supervision of the government for food safety,the lag of laws and rules and the lower cost of the illegality of food corporations are reasons which result in food safety problems not being controlled effectively. Government regulation should be combined with social relief measures and food safety liability insurance system should be implemented.Food safety liability insurance is the combination of tort liability and liability insurance,and it’s an effective means of food enterprise social responsibility. The legal status of food safety liability insurance and the realm of the insured should be defined in the legislation,and relavant systems such as defective food recall system and food safety risk monitoring and evaluation system should be improved.