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    Please use this identifier to cite or link to this item: http://tkuir.lib.tku.edu.tw:8080/dspace/handle/987654321/102068

    Title: 食品業者投保產品責任保險之研究
    Other Titles: The study of product liability insurance for food industry
    Authors: 葉志傑;Yeh, Chih-Chieh
    Contributors: 淡江大學保險學系保險經營碩士班
    Keywords: 食品安全;產品責任保險;強制責任險;食品產業;消費者保護;Food Safety;Product liability insurance;Compulsory Liability Insurance;Food Industry;Consumer Protection
    Date: 2014
    Issue Date: 2015-05-04 09:46:32 (UTC+8)
    Abstract:   「國以民為本、民以食為天、食以安為先」,人民是國家建立之根本,糧食是人民賴以生存之根基,國家要富強,就必須確保國民之身體健康無虞。然而,食品危安事件卻層出不窮,不僅危及民眾之生命財產安全,也增加社會之困擾,更造成國家財政上之沉重負擔。


    The Chinese old saying goes: “People are the basis of a country, and bread is the staff of life.” The government should ensure people of health; however, several incidents of food safety in recent years have endangered the lives and property of people and disturbed the entire society and led to a heavy burden of finance of state. Thus, how to ensure the safety of food has become the topic for the government nowadays.
    To solve the economic issues arising from the harm of food to people’s health, Taiwan’s authority, the Health Administration (the former of Ministry of Health and Welfare), announced on May 2, 2007 an administrative rule with regard to product liability insurance for the food industry. The rule is enacted pursuant to Article 13 of the Law Governing the Food Safety and Health and is obligatory in nature. This thesis is to discuss the necessity of a food company to insure the product liability. The thesis concludes the three main reasons to support the necessity: (1) public safety and consumer benefits for foods; (2) the shift of burden of proof for the tortious activities; (3) the product liability insurance is not a compulsory measure to recover the loss. It is always better to be safe than sorry; therefore this thesis argues that the food should be strictly monitored within the production and design process and should be fairly inspected by authenticated institutions regularly or irregularly, so as to effectively solve the problems of food safety.
    The thesis found that the aforesaid announcement only states the minimal insured amount for the food company but does not list the types and scale of food industry and the popularity of each food. The measure could be unfair to the consumers and food companies. The thesis suggests that the measure should not only consider the minimal insured amount, but also the scale of sales to calculate the reasonable insured amount. In such a way, the small-scale food enterprises could live and protect the rights and benefits of consumer as well.
    Appears in Collections:[保險學系暨研究所] 學位論文

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