The Study On Our Agricultural Insurance Law

Agricultural insurance, as a method of agricultural protection and relief, is designed for agriculture producers who have suffered heavy losses. Besides, as a high marketization of risk transfer and response mechanism, agricultural insurance plays an important role in risk diversification, loss subsidies and increase of comprehensive agricultural capacity. Because of agricultural insurance, governments, peasants and insurance providers are included into the administration of every aspects of agricultural production, which improves the ability of agriculture to withstand natural disasters vigorously.This paper, based on China’s existing legal system of agricultural insurance and the problems in practice, proposes a suggestion of the new Agricultural insurance law system that consists three parts: the principle are “Insurance Law” and “Agriculture Law”, the basis is "agricultural insurance regulations" and the means are improvements of agricultural insurance subsidy and a mechanism for diffusing the risk of huge catastrophes. Therefore, this paper mainly explains in four parts.The first part: overview of agricultural insurance. This part mainly introduces the concept, nature and characteristics of agricultural insurance, which provides a theoretical basis for related discussion later in the paper. First, points out the definition of various scholars on the agricultural insurance and make the interpretation of the agriculture insurance through the "agricultural insurance regulations" provisions, Second, points out the nature of the dispute of agricultural insurance in theory in china and identifies we china’s as policy agricultural insurance. Finally, points out the differences between the development of agricultural insurance and commercial insurance by expounding the characteristics of agricultural insurance in order to prove that the provisions of China’s agricultural insurance can not simply rely on the "insurance law". The part: introduction of the necessity of the development of agricultural insurance. First, illustrates the need for the development of agricultural insurance by introducing the nature of agricultural insurance, quasi-public goods. Second, explains that to complete the agricultural insurance legal system can expand the demand for agricultural insurance and stimulate agricultural insurance operators to do business actively from facing the agricultural insurance market failure. Finally, introduces that WTO brings agricultural insurance to the "green box policy" and the development of agricultural insurance can not only improve the international competitiveness of agricultural products, and it accords with the national custom.The second part: introduction of the current situation and the shortcomings of agriculture insurance legal system. By analyzing China’s agricultural insurance provisions which mainly concentrated on the “agriculture law”, “insurance law”, “agriculture regulations” and other laws, regulations and policy documents, I arrive at the defects of the legal system of agricultural insurance in China. The defects exits in three aspects: first, "agricultural insurance ordinance" is not perfect and norms are too principle; Second, it lacks of provisions on the legal system of agricultural insurance subsidies; Third, it lacks of the legal system of agricultural reinsurance. In this part, I mainly use cases to analyze problems. And I think it, combination of theory and practice, is a good way to reveal problems.The third part: puts forward the corresponding improvement opinions by mainly aiming at the shortage of agricultural insurance legal system. This paper thinks that the "agricultural insurance ordinance" should be established and improved, and the principle of the provisions of the environment should also be materialized in order to adapt to the reality of normative need and structures the legal system of agricultural insurance subsidies and agricultural reinsurance for the sake of creating a good system environment for the development of agricultural insurance.