Study Of The Legal System Of Agricultural Insurance

Agriculture is the survival of humanity and the basis of the entire national economy. At the same time, agriculture is a weak industry, to face natural hazards, technological risks and market risks. In response to the natural and market risks, countries in the world are gradually establishing a support system of rural disaster to support the development of agriculture. The agricultural insurance is an important risk transferring tool. Insured by the agricultural insurance, agricultural producers engaged in the process of agricultural production due to the economic losses caused by natural disasters or accidents would be compensated.Although China, the world's largest agricultural country, but the development of agricultural insurance has been delayed. mainly as follows: Agricultural Insurance positioning itself unclear; the lack of overall planning; agricultural insurance premium income continually decreasing; decreased demanding for agricultural insurance realistic enough agriculture high insurance rates; agricultural insurance products in short supply; agricultural insurance business long-term losses; the lack of an effective means of insurance and risk dispersion mechanisms. Especially after joining the WTO, China and other countries in the world increasingly close economic communicating and deepening of the country's government will have to cancel a series of links in the circulation of agricultural subsidy policies and measures, which makes the protection of our country's agriculture still more severe challenges. We should vigorously building a new socialist countryside, strengthening the foundation of agriculture, reducing the burden on peasants, and promoting agricultural development, we must improve"green box policy" permitted by the WTO within the scope of the relevant legal system and a comprehensive agricultural risk protection mechanism. And the goal of the agricultural insurance system, means, operating principles and results are different from the general commercial insurance and social insurance, it is inseparable from the state's policy support and financial subsidies, in order to effectively regulate the activities carrying out this type of insurance coverage, there is a need for specialized agricultural insurance law. This paper is based on the starting point and purpose of clarifying agricultural insurance system in the general concept, characteristics and theoretical basis and the value function, then identifying the shortcomings and inadequacies of the system in existing agricultural insurance of china, by referencing the United States, Japan, France, the Philippines and other countries on the basis of successful experiences, using methods of comparative analysis for the reconstruction of China's agricultural insurance to bring forwad a number of viewpoints in my own legal perspective. and agricultural insurance legislation on the mode of choice and related legislation guiding ideology of specific legislative proposals are also inquiried preliminarily.In this paper, according to scientific research methods to layout, it is divided into four parts. The relationship between the four parts of the progressive logic is that, in accordance with what the question is, why, how do. The first part is the basic theory of agricultural insurance system. The second part is to inspect China's agricultural insurance system and to review for the development. The third part is the introduction and analysis of foreign agricultural insurance system's successful experience. In the fourth part, difficult issues of agricultural insurance were discussed and researched, and policy proposals were put forward.Part I: The author from the agricultural insurance system starting with the general analysis of the agricultural insurance system, as well as the concept of agricultural insurance in itself and ferreting out its theoretical sources(economic theory, political theory and legal theory origin), The paper further explain the agricultural insurance system with the six aspects of function and value.Part II: From the brief review of the development of China's agriculture insurance history as the breakthrough point, to further understanding of China's current legal system and the agricultural insurance policy implications and the role of Construction of China pointed out that the legal system characteristics and significance of agricultural insurance. From the perspective of further re-examining our current agricultural insurance, we can draw the conclusion that the legislation condition of agricultural insurance has been mature.Part III: The author mainly introduced the United States, France, Japan and Philippines in developping agriculture insurance of successful way of doing and beneficial experience. We can learn from a legal perspective on their practices for the proper analysis to develop our country lawmaking of agriculture insurance. In the fourth chapter of this article, author firstly introduced and provided four kinds of different mode choices of the lawmaking of agriculture insurance of the our country, and secondly the pointing out the lawmaking of our country agriculture insurance have to insist of basic instruction thought and important principle. finally; author made a series of concrete and applicable legislative suggestions.