Study Of China's Agricultural Insurance Legislation

China is one of the countries where occurs weather disaster and biological calamity in high frequency.Especially for recent several years, influenced by the global warming,intensity and frequency of the extreme weather events occurs in our country get more strengthened obviously, which inclines to affect agriculture and food supplies more.And the agricultural loss made by the weather disaster would be not only the peasant's personal loss but also the national resource's loss.The more important point is that agriculture plays the foundational role in the country, which should be stable,steady and unwavering.It would affect the guarantee of dress and food issues if there is any loss of agriculture. Additionally,agriculture relates to other industries more closely,whose depression would put bad influence to other industries and will restrict the whole national development finally.Many countries and states have enacted agriculture insurance law and built agriculture insurance system gradually to guarantee agricultural production and the stability of the countryside economy development as well as to decrease the agricultural risk and cut down the loss resulted from the bad weather.To develop the agriculture insurance system can be of great benefit to the people,which not only changes the producer's plight when meets the various risks but also can improve rural social security system,promote the society to share the agricultural risk,support the agricultural development and protect the peasant's interest.Since China has been built,Chinese agriculture insurance has experienced a devious development,which still acquires some achievements,experiences and promotes the economy development of agriculture and countryside. However,compared with its development in other countries and the requirement of the economy development of agriculture and countryside in our country,there still has some weak points,in which the most prominent one is the severe slowness of agriculture insurance legislation.This thesis has a deep study on the basic issues of agriculture insurance law based on the analysis of domestic and foreign status of agriculture insurance legislation,which carries out some positive advice to our agriculture insurance law system and hopes to figure out the conflict between practical necessity and low profit of agriculture insurance law system,regulate and coordinate the relationship among the government, insurer and insurant,offer a strong legal guarantee to agriculture insurance operation.This thesis has been divided into three parts:Ⅰ.Introduction.This part includes the brief introduction of Chinese agricultural disasters,the importance of agriculture insurance legislation and the writing background and research meaning of the thesis.Ⅱ.Text.This part is the main body of the thesis which discusses four issues.1.Summary of Agriculture Insurance Law.This part introduces the concept,function,quality of agriculture insurance;states the characteristics of agriculture insurance and studies the agriculture insurance jural relations。Through the studies of these elemental issues,which strengthens the theoretical basis for the agriculture insurance legislation2.Domestic Situation of Agriculture Insurance Legislation and Existing Issues.This part includes the general survey of our agriculture insurance legislation,the conclusion of the special experience of agriculture insurance in our experimental area,the deep analysis of our agriculture insurance legislation issues,which build a good base for the construction of our agriculture insurance legislation system.3.Comparison Among Foreign Agriculture Insurance Legislation and Use for Reference.This part mainly studies the background,content and change of agriculture insurance legislation in America,Canada,Japan and Philippines.The conclusion resulted from the analysis and comparison is that the government action should be restricted and regulated by the law, which could reduce the randomness during support agriculture insurance and guarantee the healthy development of our agriculture insurance system.4.Domestic System Construction of Agriculture Insurance Law. Through the above discussion integrated with the our agriculture insurance practice,this part develops a deep discussion of the necessity and feasibility of agriculture insurance legislation in our country and discusses the aim,principle,organizing regulation,executing method,relevant measures,rights and obligations of the jural relation's subject,insurance range,premium subsidy etc.and frame the advice for our agriculture insurance legislation.Ⅲ.Conclusion.This part concludes the above discussion and makes further emphasis on the importance of agriculture insurance legislation. Based on the present national situation and foreign legislation experience, this part brings a positive advice that our agriculture insurance legislation should be done step by step:first,the State Council should issue "Agriculture Insurance Act",depending on which to set up the agriculture insurance management organization.When there are enough accumulated experiences from the practice,"Agriculture Insurance Law" and related regulations and acts should be issued by National People's Congress.