| At present, China is continuing to promote reform and opening up policy and socialist modernization as well as a well-off society while agricultural and rural development is still in the difficult climbing stage such as frequent natural disasters, great loss and poor agricultural environment as well as the obvious weakness for agriculture in general. Faced with such serious reality, the development of policy-oriented agriculture insurance is badly needed. As an effective means of modern agriculture risk management, policy-oriented agriculture insurance has played an important role in several respects such as ensuring agricultural production, stabilizing the rural economy and protecting farmers'interests. Besides, it has a great significance in promoting socialist new countryside construction and rural economic society being fully developed and building a socialist harmonious society.Based on its need for policy-support from the government and the legal protection, construction progress on the legal system of policy-oriented agricultural insurance has aroused much attention and expectation. On January 2007,"Policy-Oriented Agricultural Insurance Regulations"drafted by the China Insurance Regulatory Commission was included in the legislative program of the State Council in 2007.Legislative seminar on"Policy-Oriented Agricultural Insurance Regulations"was held by China Insurance Regulatory Commission in Beijing from May 24th to May 25th in 2007 and some legislation member units such as the State Council Legislative Affairs Office, China Agriculture Office, National Development and Reform Commission, Ministry of Finance, the Ministry of Agriculture, the Ministry of Civil Affairs and other units attended the conference. With it formally beginning, policy-oriented agricultural insurance legislation has increasingly become a widespread concern and research focus in theoretical circles. However, when exploring the theories on policy-oriented agricultural insurance legislation, people pay much more attention to the application of"law"than to"enacting"itself and to a great extent people intend to ignore the analysis on the process of ideal criterion shifting into enacted law.In fact, legislation is not merely a process based on ration when legislators carries out the system, nor is one which provides simple legal norms, but a comprehensive process concerning about politics, economy and other social elements. Legislation would rather be a major social alternative than a specialized technical task and it is a very critical activity about choosing social fundamental values as well as coordinating the benefit from mutual conflict in the society.Therefore, at present in-depth study of policy-oriented agricultural insurance legislation has important theoretical and practical significance. For Chinese policy-oriented agricultural insurance legislation, the research of which is a new exploration. Either from the aspects of comprehensiveness of the structure and the depth of the content in research, or from the aspects of guidance of the research conclusions it is an innovative research. In this paper, it fully illustrates the connotation, characteristics and nature of policy-oriented agricultural insurance legislation in order to innovate in some ways such as theoretical exploration, legislative objectives, principles and models as well as content's conceiving.The study in this paper will theoretically lead to greater emphasis on the legislation of policy-oriented insurance, and promote its in-depth theoretical research so as to provide ideas and suggestions for its study. At the same time it will help to fasten the process of legislation of China's policy-oriented agricultural insurance in order to provide a legal standard and security on the development of this kind of insurance and to solve"three agricultural problems".This thesis applies agricultural economics, institutional economics and law as a theoretical basis and the Legislative Study of Marxism as guidance to make a comprehensive research on our policy-oriented agricultural insurance legislation. First I made a further analysis of its history, present situation and imperfect legislation by a combination of historical analysis and the reality. And then, by using a combination of deductive and inductive methods and the analysis of the necessity and feasibility, I draw the conclusion that our country has equipped with the basis of carrying out policy-oriented agricultural insurance legislation and should formally start up the course of this insurance legislation.By a combination of comparative research and comprehensive analysis, I make a pertinent comparison and analysis on the background, contents and changes of the policy-oriented agricultural insurance legislation in the typical countries such as the United States, Canada, Japan and the Philippines, summing up the common characteristics of the legislations in these countries and providing some reference and inspiration for our own country. By a combination of standardized research and empirical studies and the use of fundamental theories such as institutional change theory, public choice theory and Marxist legal theory, I make an analysis of dialectical relationship between the supply and demand of law and the legal value and practical significance to solve the"what it ought to be"problem of this kind of insurance legislation. Meanwhile, the"what it should be"problem can be solved through some relevant practical activities, the knowledge of the demand for its legal protection as well as institutional design according to our country-specific conditions so that standardized and empirical research can be closely combined.In short, the basic principles of Marxist legal theory show that the formulation and the implementation of the law are always or necessarily affected and constrained by various factors such as society, economy, psychology, history, culture as well as a variety of value judgments. Therefore, legislative studies must attach great importance to the mutual relationship between the law and the factors, which are the basic approach and attitude to know and study policy-oriented agricultural insurance legislation in this article.This paper is divided into ten chapters:The first chapter is the introduction, which mainly elaborates several aspects about this study, such as, the background and the significance, and the statement on the domestic and foreign literature and related research development, main research content and research technique.The second chapter is about the concept limits and the rationale of the policy-oriented agricultural insurance legislation. First in the concept part, which has limited the connotation and the characteristic of the policy-oriented agricultural insurance, and the policy-oriented agricultural insurance legislation, the object and the scope of study are defined in the following research, then has discussed the elementary theory of policy-oriented agricultural insurance legislation so as to lay the theoretical foundation for the full text research.The third chapter is about the present situation and the origin of the lack of policy-oriented agricultural insurance legislation in our country. Through the historical review and the summary of present situation to policy-oriented agricultural insurance legislation, the subjective factor and the objective factor which the insurance legislation is lacking in are analyzed to lay the theoretical foundation for the following countermeasure and suggestion.The fourth chapter is about the necessity and the feasibility of policy-oriented agricultural insurance legislation and it has analyzed its necessity thoroughly, and has proved the feasibility of agricultural insurance legislation from these aspects, including whether legislation can meet the social realistic demand, whether the legislative opportunity is mature, whether there are the legislative conditions, and whether there are the similar legislations for reference in foreign countries. And the feasibility has provided the objective basis for the development of our policy-oriented agricultural insurance.The fifth chapter is about international comparison and reference about policy-oriented agricultural insurance legislation. This chapter mainly studies the background, the content and the changes of the insurance legislation among the typical countries such as US, Canada, Japan, and Philippines, and through the comparison and the analysis it summarizes the common characteristics of insurance legislation in various countries, so some reference and inspiration are obtained from the insurance legislation for our country. The sixth chapter is about the goal, principle and pattern of policy-oriented agricultural insurance legislation in our country. This is key part of this paper. This chapter has proven such problems mentioned above, has proposed the pertinent viewpoint, and has provided the macroscopic instruction for the construction of policy-oriented agricultural insurance legislation.The seventh chapter is about legal relationship of policy-oriented agricultural insurance. This part is the key and difficult part of this paper. This chapter analyzes and states the legal relationship from three aspects -the main body, the object, and the content. Policy-oriented agricultural insurance is to establish the right and obligation relation among the government, operating organization and the peasant household, that is legal relationship. The establishment of the legal relationship has the vital significance and the value in agricultural law, and it is the basis and premise of enacting the policy-oriented agricultural insurance legislation. Legal rules can be reasonably constructed on the basis of clearing off legal relationships of agricultural insurance.The eighth chapter is about the primary coverage conception of policy-oriented agriculture law of insurance. This chapter is based on the legislative demand of the policy-oriented agricultural insurance, and puts forward specific pertinent conceptions of legal system in the aspects of legislative purposes, organizing operation, policy support, supervision and management and legal responsibility. This is another key and difficult part.The ninth chapter is about countermeasures and the suggestions to promote the development of policy-oriented agricultural insurance legislation in our country. Based on previous analysis, this chapter focused on the realistic situation of the insurance legislation, proposed the countermeasures and the suggestions promoting the pace of agricultural insurance legislation, and had a positive promotion to the agricultural insurance legislation.The tenth chapter is the conclusion, summarizing the research result of this paper.
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