Research On The Legal System Of Policy-Oriented Agricultural Insurance Supervision

In China, strong position of agriculture as a weak industry faces numbers of natural disasters, epidemics, accidents and other risks. Agricultural insurance has become an important means of government to protect and support agriculture in many countries. However, at this stage, only certain agricultural insurance will be selectively included in the scope of Policy-oriented Insurance. Along with nationwide scale promotion of China’s Policy-oriented Agricultural Insurance Site, on the one hand, Insurance’s demand is increasing unceasingly; On the other hand, there is a serious Market Failure, Government Failure and other issues, which have an urgent requirement to establish and improve the Legal System of Policy-oriented Agricultural Insurance Supervision.Policy-oriented Agricultural Insurance Supervision is a more specific insurance supervision. It’s a full range of supervision and management that a Policy-oriented Agricultural Insurance Regulatory Agency carry out in accordance with statutory authority and statutory procedures to government, Policy-oriented Agricultural Insurance operators, Policy-oriented Agricultural Insurance Intermediary Institutions, Insured Farmers and their behaviors. It’s a strong guarantee for the stable development of agricultural insurance and agricultural markets. It’s of great significance to establish a secure, fair and efficient operational mechanism of the agricultural economy, and to promote the development of agriculture, rural areas and society.Policy-oriented Agricultural Insurance has nature of "Policy" and double positive externalities. It’s different from commercial agriculture insurance. Policy-oriented Agricultural Insurance Regulation has its own unique characteristics on Regulatory subjects, Regulatory Objects, Regulatory Elements and Regulatory Objectives, which distinguished it from commercial insurance regulation. It’s necessary to implement Policy-oriented Agricultural Insurance Regulation in theory and in practice. Legal System of China’s Policy-oriented Agricultural Insurance Supervision’s present situations were to be inspected. Then the following problems were drawn:lack of Regulatory Legislations, confusion of Regulatory System, Regulatory Agency to be unreasonable, Regulatory Objects is unitary, Regulatory Elements lose focus, and Supervision Objectives are incorrect. Those have seriously affected the development of agricultural insurance. The author rational analyzed the Legal Systems of Agricultural Insurance Supervision of United States, Japan, Philippines, and concluded that complete regulatory legislation, a sound regulatory system and regulatory agencies, modernization of the regulatory means were beneficial factors.In order to promote the development of China’s Policy-oriented Agricultural Insurance Supervision, we should confirmed intrinsic objectives and external objectives, determined legislative mentality and major legislative contents of Policy-oriented Agricultural Insurance Supervision, established appropriate Regulatory System and independent Regulatory Agency, chosen correct Regulatory objects and Regulatory contents, adopted advanced supporting measures. Those could meet practical needs of the development of China’s Policy-type Agricultural Insurance, and could promote development of the agricultural economy and the national economy as a whole.