Analysis Of Legal Construction Of Agriculture Insurance System

Throughout the world, the agriculture is in foundational position and needs government support. The agriculture insurance plays a significant role in the agriculture supporting policy,as one of the key methods for agriculture's modern development (another two methods are rural finance and agricultural science). Agriculture insurance is the requirement of agriculture itself,for the agriculture faces two risks: natural calamity and the risk of market. Particularly, the natural calamity has not been controlled efficiently and becomes the huge obstacle even today.Our country tends to develope policy insurance in agriculture. Even though its character has been clear, so many problems remain such as the concept has not been distinct; discipline orientation has not been certain; its plan system and legislation has not been set up; and each province goes its own way. In the whole country, following the pilot areas in Jilin, Heilongjiang, Zhejiang, Shanghai, Xinjiang and so many provinces, the policy insurance in agriculture has been spreaded out in each province and city. In 2010 local regulations of supporting agriculture insurance has laid down in Yunnan and Ningbo. In the abroad, policy insurance in agriculture has been a global strategy, not only according with the agriculture development itself but also complying to green box policy of WTO. American, Japan, Germany and Philippines are the representatives of well-deceloped agriculture insurance, and all of them haveachieved a great deal in these field and propelled the agriculture forward. Our country is a traditional great power in agriculture, but the agriculture insurance lags behind, comparing with France and Philippines. As agriculture bears lots of social mission, and will suffer a huge shock emanating from foreign agricultural products and would face a great challenge when government will cancel fiscal subsidies gradually and WTO rules on agriculture will be liberalized. Our country should establish the agriculture insurance system and make agriculture insurance law, which is in line with national conditions, with a in-depth theory, a well-defined concept of discipline, a suitable mode, a harmonious system and a clear defined subject of market. On the basis of agriculture insurance structure, backwardness in legislation, basic theory and the current situation, the paper with methods of comparison and analysis discusses the legislation purpose, the structure of subject system and mode selection, beginning with a successful experimental mode in our country and the successful experience aboard.The paper is divided into four parts. The first part is the introduction of concept, theory of subject system, operating mode and the issues in running of agriculture insurance. The second part puts forward the unique issue of agriculture insurance in our country, based on current legislation and the practice of operations. The third part makes an introduction, comparison and evaluation of subject system, legislation and operating mode of agriculture insurance at present and in the past. The fourth part is about the suggestion and the prospect, and brings forward a system which has the same character, a unified legislation and a various mode in each province.