| China is a large agricultural country, agriculture is the foundation of national stability,China is also a natural disasters in the world and is one of the most serious countries inagricultural natural disasters, drought and flood disaster is the most serious, has seriouslyaffected our country’s food security and social stability, strengthen and perfect theagriculturaldrought disaster prevention and reduction legal research be imperative. The eighteen ThirdPlenary Session proposed to make farmers participate equally in the process of modernization,to share the achievement of modernization. And improve the agricultural insurance system,consummating agricultural support system, an important measure of legal system as a supportfor agricultural development,should also continue to improve. The means of law plays anirreplaceable role in the agricultural drought disaster prevention and reduction.The thesis consists of four parts:The first part, mainly introduces the basic theory of agricultural droughtdisaster preventionand mitigation. The system theory, sustainable development, ecological security is theideological basis of agricultural drought and flood disaster prevention and mitigation; presentsituation,causes of agricultural drought and flood disaster in China includesexcessivedestruction of nature, the management system is not perfect,agricultural water conservancyfacilities is not perfect; the law cannotadjust the nature, but is the relationship, can adjust thehuman can act and adjusted people have influence on nature, the relationship between man andnature to the adjustment of indirect. Agricultural drought disaster as a disaster on disasterprevention and relief aspects can beadjusted by law.The second part, the main analysis of foreign agricultural droughtdisaster prevention andreduction of the legal system and the enlightenment to our country. America’s "National FloodInsurance Law","National Drought Prevention Act", Japan’s "agricultural disaster compensationmethod","River Law","disaster countermeasures basic law", the legal system of water savingIsrael provided a useful reference to china. They have legal system of comprehensive disaster prevention and mitigation, complete, perfect the legislation of river basin management,perfecting the agricultural insurance legal system, disaster management agencies sound legalnorms, agricultural water use special.The third part, the legal status of agricultural drought and flood disaster prevention andreduction in China and the existing problems. Our country has no drought disaster preventionand reduction method of special, butcan be seen with the relevant laws and regulations, haverelevant policies on agricultural drought disaster prevention andmitigation;disaster preventionand reduction in China institutions mainly the StateFlood Control and Drought ReliefHeadquarters, the National Disaster Reduction Committee, Ministry of water resources,Ministry of environmental protection. The problems include the lag of legislation principles,conflict between the provisions of law, non engineering measures for disaster reduction andrelief mechanism is less, the problems, the lack of specialized agricultural drought and flooddisaster prevention law.The fourth part, and build perfect our agricultural disaster prevention and mitigation of law.To improve the agricultural drought disaster prevention and reduction in China’s legal system inthe harmonious development of man and nature, sustainable development and the principle ofbalancing urban and rural development and ecosystem protection principle. The establishmentof the legal system of comprehensive disaster prevention and mitigation, formulated the law ofagricultural water resources special system, establish a government led, multi departmentcooperation based on subsidies of agricultural insurance legal system of disaster prevention andmitigation, special institutions to establish a higher level of national level as the coordinatingbody. |