On Some Legal Problems Of Agricultural Insurance

Today, the government pays more attention to countryside, agriculture and farmer. The agricultural insurance's significance and function is without a doubt, not only it can practical safeguard the peasant household's production management and the family life when suffers natural disaster, moreover also an important action to achieve the government agricultural policy, simultaneously is advantageous to develop insurance business. Natural calamities is frequently in our country, the degree of agricultural modernization is not high, the ability to fight against natural calamities is not strong, building perfect agricultural risk guarantee system, is the premise condition and the most fundamental guarantee to the long-term steady development of agriculture in our country, is the important content to protect agriculture of the government. But, agricultural insurance of our country is confronted with a awkward condition, the development always above the state being at a standstill going backwards even, though a lot of commerce insurance companies existence agricultural insurance business in our country, but all "when talking about agriculture, the color of the face unexpected turn of events", agriculture insurance services is more and more difficult; although farmers suffer various disasters invading and lose a lot of economy benefits, also regarding agricultural insurance as extra burden but do not dare to lay aboard. Compared with the advanced country like USA, that agriculture of our country is sure have defects in theory, still being equal existence in the respect of the insurance reality affair and actual judicial practice. In this article, the author tried to do a comparatively all-round to agricultural insurance legal system. In the writing process of this article, the author has wielded various analysis methods. After consult the data, this article has carried out a boundary on agricultural insurance's definition and character firstly. Taking this as basis, study the agricultural insurance legal system, conceive agricultural insurance legal system, the superficial idea having carried out to perfect our country's agricultural insurance legal system. Come to say this article, is mainly four chapters to investigation and discussion on agricultural insurance legal system except the foreword concretely.The first chapter is the character of agricultural insurance legal system. The author tries from slipping into depths, talk about agricultural insurance legal system from agricultural insurance, and ascertain the character of agricultural insurance legal system ultimately. Broad wide agricultural insurance is country insurance, is the insurance agent who provide personal insurance and property insurance to the farmer who engaged in economic activity in country, and provide all kinds of insurance guarantee to what they worked in like agriculture, forestry, animal husbandry, subsidiary business, fishery, industry, commerce, carrying trade, building industry. The narrow sense agricultural insurance is one kind of property insurance in broad wide agricultural insurance, the concept that the author used in this article is the narrow sense agricultural insurance. So-called agricultural insurance legal system, is refer to a country or area in order to protect the agricultural economy benefit of the peasant and the agriculture, defends the stability and safety of economy in country, setting up one or many special agricultural insurance organizations according to law, is a legal system which provide agricultural insurance to the peasant and agriculture organization who engaged in agriculture. The character about agricultural insurance, there are two growing theories that policy insurance and commerce insurance, but, the author thinks that it can not regard the agricultural insurance character as a pure policy character , the character of agricultural insurance ought to be commercial and policy , not all agricultural insurance is policy insurance, only the minority basis crops which concern the nation's economy and people's livelihood can be policy insurance, the others which can be commercialized or be put to use in production ought to belong to the range of commercial insurance.The second chapter is agricultural insurance legal relation. This part has introduced the qualification and right, duty of the subject of agricultural insurance legal system, the bid and insurance benefit of the agricultural insurance, insurance liability and the particularity of agricultural insurance legal relation. The author thinks that the agriculture insurance organization is an extremely peculiar law subject, is both the commercial affairs subject and the administration subject, this particularity has been decided the agriculture insurance legal relation is unlike other legal relation, being that the position of the subject is unfair, establishing the contract mandatory and so on. That at the same time, the risk in the agriculture producing is so many, the agricultural insurance accident also ought to contain the various possibility occurrence insurance accidents completely, expanding the range of the agricultural insurance accident, suggesting that agricultural insurance organization increases various accidents in almost managing kind in order to answering agriculture manage, protects the agriculture operator better.The third chapter is agricultural insurance legal system. The third chapter is the chief of this article, tries to suggest some ideas from the several aspects to build the agricultural insurance legal system of our country, in the aspect of the subject to manage agricultural insurance, the author thinks, the existence of mutual aid and cooperation agricultural insurance organization in country has significance and necessity under the major premise of the government hold agricultural insurance. At the same time, in the developing of agricultural insurance, we should probe the new disaster's kind to adapt to the developing of the agricultural economy, in order to according with farmers' needs. The agricultural insurance fund ought to be certain, whose financing channel unnecessarily excessively unitary, ought to try to probe various financing channels of agricultural insurance fund. Be to ensure peasant's insurance benefit indeed, agriculture insurance company going bankrupt should abide by especially strict restrictive regulation, responding to the form with law ascertains down, making it walking up a legal, institutionalize orbit. To ensure that the agricultural insurance of our country carries out smoothly, the government ought to bear more responsibilities, government ought to support the agricultural insurance two-way, should carry out allowance to farmers and the agriculture operator at the same time.The fourth chapter is agricultural insurance marketplace and inspection. And this part has carried out agricultural insurance of some countries comparing in detail, and has analyzed the actual circumstances of agricultural insurance marketplace in our country at present carefully, of this basis, have suggested that our country ought to draw the agricultural insurance manage pattern of the advanced country, suggest the inspection measures when facing the current situation of the agricultural insurance in our country. That the agriculture insurance market of our country have many problems we cannot afford to overlook, not only in legislation, but also in reality, making a comprehensive survey of the agricultural insurance situation of every country, the agricultural insurance of every country pattern all founded according to it's national conditions, our country can not copy other country's patterns completely, but the agricultural insurance ought to choose our manage pattern which suitable to our national condition. The pattern can be like this: firstly, use the Japanese model, build mutual aid and cooperation organization everywhere in country, being sure that members in that organization are good at agricultural technique in country. Secondly, be entrusted one commercial insurance companies to provide a re-insurance to mutual aid and cooperation organization by the government. Thirdly, adopt different specific policies according to different area condition.In short, although the current situation of the agriculture insurance do not admit hoping for the best, believe that with every effort of government and every aspect, the agriculture legal system of our country will be especially limpid and definitely, the flourish develop of the agricultural insurance in our country count for the days.