Studies Of Laws In Agriculral Insurance Contracting

Agriculture is a weak industry in China.Its development should be guaranteed by several means such as agriculral insurance .Up to now,it has not matured ,still in a embarrassing state,which can be attribute to the defects of its law and relative incompleteness of its regulations .Due to its own peculiarity ,when contracting,it distinguishes itself from other insurances by the bodies,rules,forms,procedures and items of its contract.Our goverment plays a special and flexible role in agricultural insurance contracting.The author offers some legislative and practical suggestions for agriculture through specified study of its insurance contracting.The article difines the bodies, rules,forms,procedures and other relative areas of aricultural insurance ,combined with its own characteristics ands some common regulations of our Contract Law as well as our Insurance Law,from the perspective of agriculral insurance contracting. It points out that the agricultural contract consists of applicants,insurers and intermediaries.The rules of setting a contract should focus on the protection of the rights and interests of the applicant as well as the insurer.It also emphasizes that voluntary and forced insurance rules should be observed. The forms of setting the contract should be informal,not confiding to written forms. The article also has an analysis of applicants’adverse selections and insurers’obligations in the process of setting a contract.The article sysmatically analyzes problems involved in agricultural insurance contracting.It raises basical items and special provisions on its contract on the basis of items on Normal Insurance Contracts,aiming to avoid adverse selections and moral risks.The article reveals that goverment can act as both the person concerned and the agency authorized by peasants to conclude a contract so as to improve efficiency and the peasants’ contracting ability.Our goverment can force a contract to avoid adverse selections ,and should efficiently protect the weaker insurers’and the applicants’interests. On the other hand, to improve the efficiency and fairness of contracting, the goverment should addvocate and encourage some techniques .