The Research Of Agricultural Insurance Law System

Looking over the agricultural development course home and abroad, the agricultural insurance has provided the effective safeguard for agricultural development to resisting the three big risks: natural, economic, and social, which is a major policy of every government to support their agricultural development. In order to escort the agricultural insurance, many countries in the world standardize and perfect the agriculture insurance system by the legal system. The legislative course in our country advances in a low speed, and the legal ensuring system of agricultural insurance is very weak. Only through speeding up the legislative construction of agricultural insurance and making agricultural insurance have legal support ,can arouse policy holder's enthusiasm, can strengthen policy holder's insurance consciousness, and can promote the stable and healthy development of agriculture, strengthen the foundation status of agriculture ,also can play its role to safeguarding the continuous and healthy development of national economy.In recent years, Shanghai, Jilin, Jiangsu, Heilongjiang, and other provinces and cities, which have conducted agricultural insurance, have made positive progress. Although they have tried to find out some beneficial experiences in the experimental site process, generally speaking they are still not standard and uneven. Agricultural insurance in China urgently needs to improve its legal system so that effective policies and practices will be institutionalized and legalized, thereby accelerating the development pace of agricultural insurance. This thesis is for the purpose of studying the generating process of agricultural insurance law system, analyzing significant function of agricultural insurance legal framework for the agricultural insurance development, understanding the request of the main body of the agricultural insurance to the legal safeguard, summarizing the overseas agricultural insurance law experiences as well as experiences and lessons of domestic experiment site area so as to be clear about the key question of agricultural insurance legal framework, and propose suggestions to consummates our country's agricultural insurance legal system. This thesis is composed of introduction and four chapters, the introduction introduced academic background of this topic and the theory and practical significance, the domestic and foreign literature summaries, research progress and achievement of related areas, the existing insufficiencies or the pending questions, origin of this topic and the main research content, which have settled the main key for the later elaboration. The first chapter introduces the emergence, developing process of the agricultural insurance law system as well as the production, development and the present situation of relation agricultural insurance laws and regulations of our country from the angle of historical development; from which this paper defines the agricultural insurance legal system concept, and analyze the legislative nature of agricultural insurance. The second chapter elaborated the effect of agricultural insurance legal system, namely protecting the policyholders—farmers as well as the agricultural development, and has carried on the detailed narration to the guard measure against the moral risk and the counter choice. The third chapter carried on the introduction to the agricultural insurance legal system of several countries, and summarizes their experiences and lessons. The fourth chapter elaborated why our country has to establish the agricultural insurance legal system as well as suggestions about how to perfect our country's agricultural insurance legal system, so as to promote the establishment of agricultural insurance law of our country.