Research On Agricultural Insurance Legislation

Agriculture is the primary industry and the foundation which the national economy can develop with steady steps, agricultural development is playing a vital role to the healthy and orderly development of other industries. The agricultural insurance is very important to stabilizes our country's agricultural development.The essence of the agricultural insurance is a property insurance, is but the extension of commercial insurance in the area of agriculture. For a long time, our country's agricultural insurance is in accordance with the way of commercial insurance operations, the agricultural insurance is facing an embarrassing situation in the absence of government support: commercial insurance companies are reluctant to manage because of a loss of agricultural insurance, the farmers could not afford because of high insurance premiums, resulting in the continuous shrinkage of the agricultural insurance business which is very uncoordinated with our country's agricultural development.The development of agricultural insurance in our country has experienced twists and turns of the process, have been developing slowly, investigates its reason, most is mainly the legislative vacancy. Our country is so far having no one specialized law to adjustment of agricultural insurance, mostly are policy documents, which makes the legal protection of agricultural insurance system is extremely weak. The fundamental position of our country's agriculture and the multi-disaster characteristic demands to establish the legal system of agricultural insurance as soon as possible; the requirements of global economic integration makes the agricultural insurance legislation become a necessity; other countries' practices proved the need for agricultural insurance legislation. Only by speeding up the legal system construction of agricultural insurance, makes there are truly laws to go by can arouse policyholder's enthusiasm and strengthen policyholder's insurance awareness, can promote stable and healthy development of agriculture.Make a comprehensive survey of the developed country in agriculture insurance business overseas, a common characteristic of them is to own the consummation legislative guarantee. These countries on the basis of a concrete analysis of their national conditions, through the legislation to making the principal questions like that the goal of the development of agricultural insurance, basic principles, operating mode, the governments'responsibilities of agricultural insurance and so on to be clearly defined, so that agricultural insurance under the legal safeguard can develop smoothly.The thesis aims at pointing out the difficult positions by going into the current situation of our country's agricultural insurance legislation, builds the agricultural insurance legal system being suitable to China's actual conditions.The thesis mainly obtains from the general theory of agricultural insurance to start research, has in-depth analyzed the present situation of domestic and international agricultural insurance legislation and compared to identify the generality and specific , to obtain the revelatory methods of our country's agricultural insurance legislation. Following this, the thesis has analyzed the dilemma which is our country's agricultural insurance legislation facing: lack of a specialized agricultural insurance law, causing the implementation of agricultural insurance adds a number of uncertain factors; in the agricultural insurance legal relationship the policyholder is insurance awareness of indifference and lack of insurance capacity; The insurer's solvency is low, especially in the event of catastrophic risks the fund resistance ability is bad, the insurer momentarily faces policyholder's moral hazard and the adverse selection; the government's law enforcement has a flaw of powerful legal basis, the viewpoint of relieving agriculture still existed, lacks ideas of leading agricultural insurance. These problems are plaguing the legislation forward and blocking the development of agriculture. The thesis analyzes the detailed causes of formation to these difficult positions and to give the development. Finally, for the difficult positions in agricultural insurance legislation, the thesis put forward its own conception of legal system of agricultural insurance: as soon as possible releases an "Agricultural Insurance Act of Administration" special law, enables the effectiveness of agricultural insurance implementation to have the powerful guarantee; legislates to be clear about the agricultural insurance the policy-type insurance nature, the establishment compulsory insurance and the voluntary insurance unifies the principle; the Government established the dominant position of the agricultural insurance, full display government's leadership and support function in agricultural insurance; raises policyholder's insurance awareness, establishes the rural cooperative organizations, replaces the farmer individual insured; spreads the risk of the insurer,, establishes a rational management system, establishes the insurer's mix business model; improves agricultural insurance supervision system. The thesis conducts research through the method which unifies the theoretical research and the applied research, pays great attention on its conclusion of academic value and application value. Meanwhile conducts the research through the comparative analysis method, inspects and profits from the overseas existing system, legislates for our country's agricultural insurance to give the enlightenment. The thesis gives a comparative analysis of different angles from the horizontal, vertical and so on to the reform of our country's agricultural insurance, to find out the differences and similarities summarized, to lay a solid basis for the final analysis of concrete countermeasure.