Research On The Legal System Of Agricultural Insurance Financial Subsidies

As an agricultural risk m anagement tool, agricultural insurance should be an essential system for the develop ment and protec tion of agriculture in China. But the nature of the quasi- public goods of agricultural insurance determines that the development of agricultural insurance in China is bound to be intervened by the gover nment’s "visible hand". Financial subsidy is an effective way of government intervention.According to "put forward a question- to e xplore the nature of va lue analysis dilemma view- system construction logic clue, the connot ation of financial subs idies for agricultural insurance, historical development, theoretical basis, the core value and the financial subsidies of agricultural insurance, the realistic predicaments are discussed. Through the legitimacy of the system demonstrates the financial subsidies of agricultural insurance and analysis carding domestic and foreign agricultural insurance subs idies problems of legislation and practice, and strive to find a reasonable path and operation rule a of our country fi nancial subsidies of agricultural insurance. Finall y, through the analysis and re flection of China’ s political, economic and cultural, and retu rn to the concrete construc tion of the legal system of agricultural insurance financial subsidies in the context of china.In addition to the preface and conclusion, this paper is divided into seven chapters.In the first chapter, we first analyze the basic category of the financial subsidy of agricultural insurance. The concept of the financial subsidy of agricultural insurance is the first question to be answered in this paper. The first part d iscusses the financial subsidies of agricultural insurance and related concepts such as the connotation of agricultural insurance, agricultural subsidies, the k inds of financial subsidies of agricultural insurance are summarized, summed up the f inancial subsidies of agricultural insurance with policy, compulsory and universal suitable of property; secondly, the author point out that as early as the slave society period in ou r country, it has been the agri cultural insurance and risk prevention consciousness germ inates, the feudal society and the society of m odern times, agricultural insurance and the system of fis cal subsidy has the further developm ent. The author is trying to find out the historical ba sis of the fi nancial subsidy of agricultural insurance.In the s econd chapter, the autho r want to f ind the th eoretical basis for the f inancial subsidies for agricultural insurance from the perspective of economics, ethics, sociology, law and other multi-dimensional perspective. This chapter is the theoretical basis of the financial subsidies of agricultural insurance. In the f irst part, f rom the persp ective of economics analysis of financial subsidies of agricultural insurance of rationality, and points out that the agricultural insurance market, the existence of adverse selection and moral risk, system risk of the market failure phenom enon, but im plements the financial subsidies for agricultural insurance is overcome the agricultural insurance market failure, strengthen the protection of agricultural industry, a necessary m easure to ensure the welfare of farmers. The second part from the perspective of ethics on financial s ubsidy, put forward to protect vulnerable groups of the purs uit of justice is th e legal system of financial subsidies; the third par t from the sociological perspective of the modern society is a risk society, farmers and other agricultural producers face the risk is at a loss, while the fi nancial subsidy is a risk society one of the measures of governm ent intervention, in order to guarantee the ag ricultural stability and financial stability to be adopted; the fourth part from "state intervention" from the perspective of the economic law and the theory of public finance, the financial law angle of view and new international trade theory of international economic law from the persp ective of agricultural insurance subsidy system demonstrates the th eoretical basis, the f inancial subsidies of agricultural insurance is necessary and reasonable.In the third chapter, the author analyses the value of the legal sys tem of agricultural insurance subsidy deeply. The core value of the financial subsidy of agricultural insurance lies in the protection of the rights a nd the value of the national securi ty. The first part is that the legal system of agricultural insu rance financial subsidies has the value of the protection of agricultural insurance policy holder’s rights, including the protection of th e right to life, the protection of the right to development and the value of property rights. This article believes that, first of all, the protection of agricultural insurance is not only the pursuit of the value of human dignity, but also from the idea of we lfare state. The article points out that th e government not only bears the respon sibility to protect the rights of citizens, but also has the obligation and ability to protect the rights of the weak. Sec ondly, from the perspective of the right to development of agricultural insurance, it is po inted out that the financial subsidy of agricultural insurance is the need to protect th e interests of far mers, but also the need to promote the construction of the rule of law in rural areas. The financial subsidy of agricultural insurance is to ensure and real ize the right to developm ent of the farmers. Is the government to face the economic needs of farmers to respond to the system. Again, this paper argues that financial subsidies embodies the from the transfer of state property to the property right of peasants, it is nec essary to fulfill the function of the country, also is the realization of the substantive justice; the second part on another core value of financial subsidies of agricultural insurance legal sys tem that ag ricultural economic security va lue of detailed analysis, and points out that agriculture is fundamental industry, but at the same time is also a weak industry. Agricultural production is not onl y easy to be natural conditions, but also vulnerable to the impact of a country’s political system, economic policy, legal system, science and technology; will not only by the impact of other domestic industries, will also be affected by the impact of international related ind ustries. The agricultur al insurance to agricultural productio n faces natural risks and m arket risks, the risk of loss to agricult ural production operators to be decentralized, and the financial subsidy is a po sitive economic policy, it faces the agricultural insurance market failure, to promote the healthy and sustainable development of agricultural insurance, agricultural production will end up pushing toward the right direction the third part demonstrates; financial subsidy is the value of the national food security, this paper ar gues that the impact of China’ s food security by changes in population and city developm ent, resources and environment and climate change, economic globalization, agricultural insurance belongs to the "green box" pol icy, to prom ote the healthy developm ent of agricultural insurance for the purpose of the means of fiscal subsidies, there are to protect and promote the development of agricultural production in China; the fourth part of financial subsidies for agricultural insurance products Industry security value is discussed, it is pointed out that the domestic and international m ultiple challenges facing China’ s industrial safety, the implementation of financial subsidies of agricultural insurance, whether it is a macro or micro, for the healthy developm ent of the agricultural i ndustry has provided the solid backing, and then to other industry operation provided for security.In the fourth chapter, the author makes an analysis on the realistic predicam ent of the legal regulation of agricultural insurance financial subsidy. The paper points out that the financial subsidy of agricultural insurance is in the position of fund guarantee, ef ficiency, equity and supervision. And the performance and causes of various difficulties are analyzed in depth. In the first part, it anal yzes the dilemm a of the financ ial security of agricultural insurance from the point of view of financial guarantee. Existence of gold supply and demand does not correspond to the situat ion, existing system is lack of objective factors, related government delayed on the behavior of the s ubjective factors; on th e efficiency and the reasons for the difficulties are analyzed in the second part, and points out that the presence of financial subsidies of agricultural insurance of low ef ficiency, complicated pro cedures, regulatory efficiency is low problem of financial transfer pa yment, that it is rooted in the institutional factors, departm ental interests factors and regulatory agencies, regulatory approach. The low efficiency of the fund flow caused by the financial transfer payment is not perfect and not perfect due to the financial transfer paym ent system in our country. Agricultural insurance involve s the interests of the governm ent, insurance institutions and agricultural production operators in three areas, the pursuit of the interests of the Department, the complex operation and high cost is ea sy to lead to the low efficiency of resource allocation. Regulators are not independent, regulation is not complete but also easy to lead to inefficient; third part of financial subsidies of agricultural insurance is facing the dilemma of fair has carried on the analysis, this paper ar gues that financial subsidies of agricultural insurance subsidies standards, the scope of subsidies, subsidies program design problems; the fourth part m ainly discusses the regulato ry dilemma faced by the financial subsidies of agricultural insurance. Based on th e analysis of the supe rvision of content, di fficulties in supervision of specific perform ance, the aut hor points out that wi ll lead to r egulatory difficulties. This paper points out that the "economic man" attribute of the supervis ion institution, the absence of the responsibility of the supervisory body and the im balance of the distribution of responsibilities, the object of superv ision and so on are the causes of the regulatory dilemma.In the fifth chapter, the author analyzes and summarizes the m ain mode of all contemporary legal regulation of agricultural insura nce subsidy. In this chapter, the author is summing up the current developm ent of agricultural insurance and financial subsidies of the state model. To carry out agricultural insurance mainly from the state financial subsidies to the free developm ent of the governm ent leading model, providing a full range of support mode, different management mode and natio nal key support m ode. Analysis com paring various main mode and Enlightenm ent to our country there are two: first, the financial subsidies of agricultural insurance policy, moral constraint effect with a limited, rule of law is an effective path to financial subsidies of agricultural insurance regulation. Legislative regulation of the financial subsidies of agricu ltural insurance in Ch ina; second, countries financial subsidies of agricultural insurance legal regulation mode choice are the result of the country’s political, econom ic and social ef fects and various power gam e, but also by the country’s political system, traditional culture, property right system, the level of economic and social development decision. The current m ode of regulation of ag ricultural insurance subsidies in various countries can not say what is good or bad, only suit able for their own is the best. Based on our country’ s political, economic and social situation, we should explore a suitable way for China’s national conditions of agricultural insurance financial subsidies.In the sixth chapter,the path selection of financial subsidies of agricultural insurance breakthrough is discussed. This is the prem ise of constructing the financial subsidies of agricultural insurance legal system. The first part is the b asic concept of financial subsidies for agricultural insurance are discussed in this paper, the basic concept of financial subsidies of agricultural insurance is a throughout the ag ricultural insurance subsidy always ideas and value judgment, reflecting the subsidy to the ag ricultural insurance legislation, managers of the value orientation. T he financial subsidies of agricultural insurance should adhere to the concept of protection and the concept of public service. T wo philosophy throughout the financial subsidies of agricultural insurance; the second part is the basic principle of financial subsidies for agricultural insurance are elaborated. It is pointed out that the financial subsidies of agricultural insurance should follow the incom e security principle, subsidies the principle of fairness, efficiency of subsidy principle; the third part is the demonstration analysis of the financial subsidies of agricultural insurance system pattern. From foreign financial support for agricultural insurance in the successful model based on, com bined with China’ s specific national conditions, our country agricultural insurance subsid ies overall pattern should be mining "agricultural production operator + regional agriculture mutual insurance organization + insurance com pany + nationa l agricultural reinsurance gr oup four various or ganization patterns in architecture, focuse d on building coverage of ag ricultural production operators, regional agriculture m utual insurance organization, the in surance company, national agricultural reinsurance group of a full range of agriculture insurance, financial support system. Subsidies should take p remium subsidies, operation and m anagement cost of subsidies, tax concessions, reinsurance subsid ies, subsidies standards not totally fixed, but according as different ways, different regions and different stages and.In the seventh chap ter, the au thor analyzes and dem onstrates the concrete system construction of the financial subsidy of agricult ural insurance. The first part describes the scope of the application of the financial subsidies for agricultural insurance. As an important measure to support the developm ent of agricultural insurance, agricultural insurance subsidy should be reasonable and justified. Expanding or narrowing the scope of the main body is not suitable and undesirable. To the applicable subject as a subsidy to the agricultural insurance, the premise must be to be involved in the ag ricultural insurance market main body according to law to carry out the agricultural insurance business, insurance mark belongs to the financial subsidies of agricultural insurance scope, and proposed in view of the particularity of modern agricultural production risk, m arket risk into th e agricultural insurance risk categories with rationality and legitimacy; the second part is financial subsidies of agricultural insurance legal institution of security funds construction are di scussed. It is pointed out that from the budget law system, tax legal system of a gricultural insurance and fund syst em of protection of agricultural insurance of the financial subs idy funds sources. Absorb the m ain body of agricultural insurance bo th sides to participate in the fi nancial budget of the agricultural insurance, and establish the legal mechanism of participatory budget. In terms of the financial budget related to agricu ltural insurance, the specific groups(including farmers such vulnerable groups) to absorb the budget participants, so as to ensure that the budget decisions of democracy, accuracy and fairness. Only by achiev ing a fair and accurate budget decision-making can effectively ensure the stability of the source of the subsidy funds. In the legal system of the tax revenue, from tax justic e to substantial justice transformation, expand the scope of tax concessions of agricultural insurance, expanding the scope of agricultural insurance tax preferential and implementing regional differences in the rate and in the system of agricultural insurance fund, th e national agricultural risk fund "as a na tional agricultural risk fund name. The establishment of the Council, which has an independent legal personality, is responsible for the management and operation of the fund. Members of the Council by the relevant departments of the ag ricultural insurance, including ag riculture, finance, development and reform, the people’ s Bank of China, civil af fairs, the China Banking Regulatory Commission, China Insurance Regulatory Co mmission, some provinces, insurance industry representatives, represen tatives of farm ers and insurance and risk management experts; the third part building ag ricultural insurance ef ficiency of financial subsidies to protect legal system, the lack of efficiency can from the optimization of financial subsidy funds allocation process f or standard agricultural in surance financial prem ium subsidy funds m anagement, effective protection of the safety of subsidies, im prove the efficiency of capital flo ws. In view of the ro le of fiscal transfer pay ment system to the efficiency of agricultural insurance financial subsidies, the financial transfer payment system should make a difference. Performance budget is a kind of budget m anagement mode in the western developed countries in the contex t of new public m anagement and financial democratization, and the pursuit of efficiency of government funds. From the point of view of the guarantee of ef ficient financial subsidie s of agricultural insurance should be the introduction of special perform ance budget legislation, the subject system of budget performance evaluation system, supporting syst em such as: accounting system, system of performance audit, performance budgeting reform of incentive mechanism is also essential; the fourth part Fairness Guarantee Legal System are explained. The " fairness " of the financial subsidy of agricultural in surance is a kind of substantial justice, which is the result of the unfair of the starting point. And, this " fair pursuit " has changed to the protection of the " weak ". This article believes that the " weak protection " in the laws and regulations of the financial subsidies of agricultural insurance is not only to protect the weak, but also to protect the agriculture ". Agricu ltural insurance in the weak is relative, here to consider regional differences, ethnic differences, differences in economic strength and, fi nancial subsidies of agricultural insurance is the ultimate goal is the in order to ensure a s teady income for the farmers, agricultural development and stability and social stability in the countryside, so to the relevant administrative departments of the authority and responsibility of statutory, giving people of agricultural insurance and the insured corresponding rights and provisions of the corresponding obligations, the es tablishment of relevant supporting m echanism is a strong support for the solution of subsid ies to the dilemma of fair; the fifth pa rt regulatory legal system of in-depth analysis and discussion. Security, fairness, equality is the intrinsic goals of financial subsidies of agricultural insurance regulatory system, the estab lishment of independence, professional and authoritativ e regulators-- Of fice of agricu lture risk management, reasonable regulation and specifi c regulatory system, market access system, audit system, legal lia bility system is the only way to crack the financial subsidies of Agricultural Insurance Regulatory difficulties.