食品召回保险制度研究

发布时间：2018-05-02 20:35

本文选题：食品安全 + 食品召回　；参考：《山东大学》2014年硕士论文

【摘要】：自2004年以来,随着《缺陷汽车产品召回管理规定》的实施,我国的产品召回制度也渐渐地发展起来。2007年通过的《食品召回管理规定》是我国正式将食品召回纳入召回制度中,由于食品安全关乎民生和国家安全,因而食品召回也越来越多的受到人们的关注。企业发生召回的次数和风险的逐渐加大,在此种情况下,产品召回保险应运而生。但是,由于食品安全的重要性以及我国的产品召回保险发展时间较晚等原因,将食品召回保险从产品召回保险中单列出来是十分有必要的。为保障消费者的饮食安全,完善我国的食品召回制度,减少食品生产企业的召回损失,建立食品召回保险是重要的途径。本文从介绍食品召回保险的基础即食品召回制度入手,首先对食品召回制度进行了介绍,从完善食品召回的角度分析其对建立食品召回保险的意义,通过对我国食品召回保险法律制度理论及现实分析逐步提出了建立我国食品召回法律制度的构想。食品召回保险作为一种新兴的保险产品,它对于减少食品企业召回费用损失,保障消费安全具有重要的意义。但是,我国的召回保险发展时间较短,加上我国的食品召回制度存在法律缺陷、食品监管存在漏洞、食品召回保险市场稀薄以及食品企业投保意识不足等方面的原因使得我国食品召回保险的建立存在一定的困难。因而,建立食品召回保险首先需要从宏观上加强风险防范,如完善我国的食品溯源制度、完善我国的市场准入制度、建立食品召回保证金制度。宏观风险防范对于我国建立食品召回保险也具有重大的意义。因此,本文依据我国的召回保险的实践经验和理论知识,提出了建立食品召回保险的构想。我国必须完善食品召回保险的法律制度,应建立一个将食品召回保险法律囊括在内的食品安全法律体系。由于我国食品召回存在“滞后性”,使得我国在食品召回时可能包含着食品安全责任,因此这就需要一个完善的食品安全保险法律体系。食品召回保险的建立离不开保险双方的努力,这就意味着需要投保企业提高投保意识,积极参与食品召回保险；与此同时还需要保险公司采取相应的措施吸引食品生产者投保,如适当的费率优惠等鼓励政策。此外,作为一种新型的保险产品,食品召回保险的承保范围是有限的,食品召回保险在推广阶段可以对承保的对象作出适当的选择,同时考虑到我国食品召回的现实状况,适当地加大赔偿的范围。食品召回保险在推销方式上可以采取捆绑销售的方式,即以附加险的形式作出推广,同时在费率上可以采取浮动制和差别对待费率以满足保险双方的利益需求。
[Abstract]:Since 2004, with the implementation of the regulations for the recall management of defective automobile products, the product recall system in China has gradually developed in China. The food recall management regulations adopted in.2007 have been formally introduced into the recall system in China. As food safety is related to the people's livelihood and national security, the food recall is also more and more. The number and risk of the recalls have increased gradually. In this case, the product recall insurance came into being. However, it is necessary to separate the food recall insurance from the product recall insurance because of the importance of the food safety and the late development time of the product recall insurance in our country. In order to ensure the food safety of consumers, improve the system of food recall in our country, reduce the recall loss of food production enterprises, and establish food recall insurance is an important way.
Starting with the introduction of the basis of food recall insurance, the paper first introduces the food recall system and analyzes its significance to the establishment of food recall insurance from the angle of improving the food recall. Through the theoretical and practical analysis of the legal system of food recall insurance in China, it has gradually proposed the establishment of the food recall law in China. The concept of law system.
As a new insurance product, food recall insurance is of great significance to reduce the cost loss of food enterprises and ensure the safety of consumption. However, the development time of recall insurance in our country is short, and there are legal defects in the food recall system in our country, there are loopholes in food supervision and regulation, and the insurance market of food recalls is thin as well. There are some difficulties in the establishment of food recall insurance in China. Therefore, the establishment of food recall insurance needs to strengthen the risk prevention from the macro level, such as perfecting the food traceability system in our country, perfecting the market access system in our country and establishing the system of food recall security. Risk prevention is also of great significance for the establishment of food recall insurance in China.
Therefore, based on the practical experience and theoretical knowledge of the recall insurance in China, this paper puts forward the idea of establishing food recall insurance. China must improve the legal system of food recall insurance, and establish a food safety legal system which includes the law of food recall insurance. It is necessary for our country to include the responsibility of food safety in the food recall. Therefore, it needs a perfect legal system of food safety insurance. The establishment of the food recall insurance is inseparable from the efforts of the insurers, which means that the insurance companies need to improve the awareness of the insurance and actively participate in the food recall insurance; at the same time, the insurance public needs to be insured. In addition, as a new type of insurance product, the coverage of the food recall insurance is limited, and the food recall insurance can make a suitable choice for the insured in the promotion stage, while taking into account the present food recall in our country. In fact, the scope of compensation should be increased properly. The method of binding sale can be adopted in the way of food recall insurance, that is to make an extension in the form of additional risk, and at the same time, the rate of floating and differential treatment can be adopted to meet the interests of both the insurer.

【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：F203;F426.82;F842.6

【参考文献】