JEAIL > Volume 9(2); 2016 > Issue Focus
Research Paper
Published online: November 30, 2016
DOI: http://dx.doi.org/10.14330/jeail.2016.9.2.02

Engineering Compulsory Food Safety Liability Insurance in China: A Joint Perspective of Public and Private International Law

Lin Zhang
Room 207, School of Law, Fujian Normal University Qishan Campus, Minhou County, Fuzhou, Fujian Province, P.R. China.
Corresponding Author: zlin1981@qq.com

ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract

The Chinese toxic milk scandal raised tremendous global concerns about food safety in China. To repair the tarnished reputation of domestic food production, Chinese authorities focused on compulsory food safety liability insurance. Unfortunately, the introduction of compulsory food safety liability insurance in the Food Safety Law of the PRC has been delayed by the disagreements of Chinese legal scholars. Chinese legal scholars have examined the legitimacy of compulsory food safety liability insurance in China mainly from the standpoint of domestic laws. The valuable insight of international laws has been ignored by them. This article attempts to fill this research gap by scrutinizing the Chinese endeavor of launching compulsory food safety liability insurance through the joint perspective of public and private international law. It further demonstrates that the ideology of human rights of public international law has already penetrated into the body of broadly-interpreted private international law.

Keywords : Compulsory Food Safety Liability Insurance, China, Public International Law, Broadly-Interpreted Private International Law

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