The Research Of Crop Original Insurer’s Legal Responsibility In China

As a policy tool, the agriculture original insurer is nonprofit, it is a independent legal person which is specialized in crop insurance business. This nature determines the policy original insurer cannot be a purely commercial operation in agriculture. So the existing laws on commercial insurance is not entirely suitable for agriculture original. Now, our country agricultural insurance is still in the pilot stage, in practice, agriculture original insurer illegal behavior mainly include illegal operation or irregular operations, malicious taking agricultural insurance subsidies, in violation of the obligations, claims rejected a cause or cherish to compensate and the illegal use of agricultural insurance funds. Each kind of illegal behavior as a result of the infringement is not only a kind of legal relationship, therefore, they should take a variety of legal responsibility. Among them, the illegal operation or irregular operations in violation of the provisions of the operation and management that need to bear the administrative responsibility; If the circumstances are serious due to hit the criminal law and criminal responsibility; In addition, because of the illegal behavior, causing loss of the crop policy holder also should undertake civil compensation. Four other violations of legal liability applicable is also on the basis of the specific violations. In order to construct the legal liability system agricultural of original insurer, this article will through the legal relations violated by the agricultural original insurer to analyze the specific legal responsibility. The civil liability mainly based on agriculture insurance contract responsibility; Administrative responsibility is given to the appropriate administrative penalties according to the seriousness of the severity of the offense; Criminal responsibility is strictly in accordance with the criminal law which provisions the conviction and sentencing. The building of legal responsibility about agriculture original insurer is based on the existing legal norms about responsibility. In this article, directly applicable law shall be maintained quoted. However, there are still some conflicts or gaps in existing laws about the liability when applies to the crop insurance. The legal principle construction of agricultural original insurer will combined its particularity with the relevant legal principles...