Agricultural Catastrophe Risk Fund Construction Of Legal System

China is one of the countries that are seriously affected by the agricultural catastrophe in the world. With the typhoons, droughts, floods, snowstorms, earthquakes occurred frequently, the farmers have suffered a great loss. According to incomplete statistics, from2007to2009, the direct economic losses of agriculture in China due to the agriculture catastrophe impact were more than550billion yuan. Because China's current agricultural catastrophe risk spreading mechanism is unsound, most of these losses can only be beard by agriculture producers, which has greatly hinder the stable development of China's agriculture as the foundation of the economy. Agricultural catastrophe risk spreading mechanism is mainly in three ways:Agriculture catastrophe insurance and reinsurance, agriculture catastrophe insurance securitization and the establishment of agricultural catastrophe risk fund. Practice of countries and related areas shows that, the establishment of agricultural catastrophe risk fund is the most effective way and the final choice to solve the problems of agriculture catastrophe risk. Based on above problems, this article has made some constructive suggestions on how to build the agriculture catastrophe risk fund legal system with Chinese characteristics by the use of normative analysis method and comparative analysis, through the systematic study of the theoretical problems of the agricultural catastrophe risk fund, such as the discussion on the nature of agricultural catastrophe risk and the necessity of establishing the legal system of agriculture catastrophe risk fund, and all is on the basis of full advantage of international experience.The non-competitive and non-exclusive of agricultural catastrophe risk management products reflect, leading the adverse selection and moral hazard to single market operation.If completely led by the government, the problem of low efficiency appeared again. In order to make full use of market resources, improve the efficiency and effective implementation of our country agriculture economic policy, the agricultural catastrophic risk protection mechanism should be jointly established by the government and the market.Nowadays, the organizational and operational processes of the agricultural catastrophe risk found model in Japan, Korea, Norway, Turkey and the Caribbean, this paper has drawn the revelation of the international experience to the construction of China's agricultural catastrophe risk fund, that the mechanism should be built by diversified risk diversification, with a sound legal system, a proper co-ordination plan of existing resources and should be encouraged by a positive policy support.Since China has a vast territory, risk differences between provinces, and agricultural economy don't have a solid foundation, in this case, to establish the provinces foi,coinsurance member, forming the central, local hierarchical management nationwide coverage of agricultural catastrophe risk fund" matrix" government dominant, market operation agricultural catastrophe risk fund mode, can be reached in a nationwide effectively disperse the purpose of agricultural catastrophe risk. From the perspective of law and how to build such a risk dispersive mechanism, make its legitimacy and authority, There is also a simple discussion and preliminary recommendations about goal-setting, patterns sources of funding, organization structure and funds operating mechanism. In addition, for all levels of government to inject liquidity into the financial funds and subsidies and so on, the budget law, finance law and other legal adjustment should be standardized...