The Study On China's Agricultural Insurance Legal Problems

Agriculture is the foundation of the national economy, the agriculture steady and the world peaceful, the agriculture plays an important role in our country's national economy. Our country is a large agricultural country and is also the country that has a lot of natural disaster, natural disasters pose a seriously threat to the development of agriculture in china. Foreign agricultural developed countries, without exception, have established perfect agricultural insurance system to make sure its agriculture have a health and sustained development. In our country, the development of agricultural insurance is so slowly. The legal issue of agricultural insurance research is also quite weak. Therefore, this article study and discussion our country agricultural insurance from the legal point of view, propose some suggestions to our country agricultural insurance system's establishment and consummation, at the same time,the paper also propose my own opinion to the agricultural insurance legislation. The text is divided into seven chapters, the contents as follows:Chapter 1, introduction. This chapter is the overall planning of the paper, including the research background, research significance, research technique, innovation of paper and so on. The mainly research methods as follows:historical analysis, comparative analysis, empirical analysis and specification analysis. This chapter proposed the possible innovation to the paper, and has given the explanation to the deficiency.Chapter2, The introduction of agricultural risk and agricultural insurance. This chapter focuses on theoretical research, mainly makes the limits to the agricultural risk and agricultural insurance's meaning, and has made the detailed elaboration to its main features Being discussed our country existing agriculture risk dispersion mechanism use comparative analysis method and draw some conclusions:The agricultural insurance is a rational choice to the agricultural risk dispersion mechanism, is a effective measure to protect the agricultural healthy development. This chapter also aims at the agricultural insurance's characteristic, carries on the insurability analysis to the agricultural insurance.Chapter3, Analyse the development process of our country agricultural insurance and the present situation. This chapter mainly uses the historical analysis and the empirical analysis, carries on longitudinal analysis to our country agricultural insurance's development process and the present situation, and analyse the existed subject matter which in our country agricultural insurance developing process:lack of business entities, insufficient demand in the insurance market, inadequate policy support, as well as lack of agricultural insurance law.Chapter4, The practice of legislative activities abroad about agricultural insurance and their inspiration to China. On the basis of longitudinal analysis the development of agricultural insurance in our country, this chapter analyzed some typical foreign agricultural insurance legislation in developed countries use horizontal analysis. Discusses the history of national agricultural insurance legislation, summed up the foreign agricultural insurance legislation's characteristic in common, so obtained some important notices for our country to establish and improve the agricultural insurance system:Speeds up the construction of our country's agricultural insurance legal system, locates the functions and objectives of our country agricultural insurance accurately, choices the appropriate mode to suit our country's agricultural insurance pattern, increases government's support, establishes the reinsurance mechanism and so on.Chapter5, The need for agricultural insurance legislation in china, analysis of its operational and design framework. Through the preceding discussion and analysis, this article believed that the absence of agricultural law becomes the most chief obstacle to our country's agricultural insurance healthy development, therefore, our country should speed up the agricultural insurance legislation's work. Regarding the agricultural insurance legislation, the theorists and the practice existence approval discusses with the con two entirely different viewpoints. Therefore, this chapter analyses our country agricultural insurance legislation's necessity and the feasibility, and draws the conclusion:Our country's agricultural insurance legislation work is very urgent. Finally, this article proposed the bold idea to the main content of our country's agricultural law. designed its structural framework, thought that our country's agricultural insurance law should contain the following content at least:Legislative goal, basic principle, the nature of china's agricultural insurance law and development model, the main body of agricultural insurance, the business scope of agricultural insurance, the main form of policy support, the supervision and management of our country's agricultural insurance, the legal liability of china's agricultural insurance and so on.