China's Agricultural Insurance And Legal System Construction Research

Agriculture is the foundation of the national economy;it is also a weak quality industry that has high risk.As is well known,China is one of the countries that suffers the most serious natural disasters in the world,the agricultural risk almost exists everywhere and all the time.The economy loss which the agricultural risk causes is increasingly huge.So to establish the perfect agricultural insurance system is the prerequisite and the most fundamental guaranty of the long-term stable development of the agriculture in China.Much to our regret,though agricultural insurance has been practiced for many years in China and achieved some successes,the long-term vacancy of the agricultural insurance law restricted the development of the agricultural insurance in China. The topic of this article is legislation of the agricultural insurance,the author hopes our peasants' advantage could be protected in legislation of agricultural insurance and the ability of resisting natural disasters could be raised with agricultural insurance.In this way,both the agricultural industry and all the farmers will benefit from it.In order to fully illustrate the conclusion mentioned above,this thesis is divided into five parts,the concrete content of each part is as follow.PartⅠ:Basic theory on agricultural insurance.It is necessary to analyze the basic theory of agricultural insurance deeply in order to grasp the pertinence and maneuverability of agricultural insurance.This chapter focuses on defining the basic concept of agricultural insurance and discussing the character of the agricultural insurance to support the agricultural insurance legislation by theory.PartⅡ:The historical development of Chinese agricultural insurance system. First of all,the author summarizes the development of agricultural insurance in China,that is,forepart explore of agricultural insurance.Secondly,the author sums up the historical experience of Chinese agricultural insurance and explains the main causes that agricultural insurance develops in a low level.The purpose of this chapter is to demonstrate that China ought to mend paces of the agricultural insurance legislation.PartⅢ:The legislative practice and experience borrowing of agricultural insurance legislation of different countries in the world.With transverse comparison and longitudinal comparison,this chapter analyzes the institutional arrangement of agricultural insurance in some foreign countries.Now there are nearly 50 countries that develop agficultural insurance in the world.We introduce several representative agricultural insurance legislation of different countries, such as,USA,Japan,France,and Mexico,Philippine and so on.In sum, agricultural insurance mainly depends on perfection of legislation;its significance surpasses common commercial legislation.The role of this part is to provide a beneficial borrowing for promoting the institution innovation of agricultural insurance legislation in China.PartⅣ:The real bases of agricultural insurance legislation in China. Legislation is base on the feasible study.First of all,the author discusses the necessary of agricultural insurance legislation in China.Secondly,the author analyses the urgency of agricultural insurance legislation in China.Finally,the author talks about the feasibility of agricultural insurance legislation in China.The intention of this part is to prove that time is ripe for agricultural insurance legislation in China.PartⅤ:The construction of agricultural insurance legislation system in Firstly,the author points out that we should pay attention to several questions in Chinese agricultural insurance legislation.Secondly,we discuss the principle of agricultural insurance legislation in China.Finally,we expatiate on the construction of agricultural insurance legal system in China.It is made up of the following aspects:the sphere of application of the agricultural insurance law;the management system of agricultural insurance;the setup and limits of its functions and powers of management institutions;the source of agricultural insurance fund; the reinsurance mechanism of agricultural insurance;the problem about reinforcing the agricultural insurance supervision;and so on.Therefore,the development of agriculture and the benefits of peasants are badly in need of the agricultural insurance law as an escort.This paper uses methods of history and comparison,elaborates the basic theories on agricultural insurance;analyzes the causes and present situations about agricultural insurance and the experience of agricultural insurance legislation in some foreign countries;expounds the real bases of agricultural insurance legislation in China.After that,the author put forward to a perfect agricultural insurance legal system in order to exert what little strength I have for the agricultural insurance legislation.