Research On Legal Problems Of Agricultural Insurance

Agricultural insurance is a kind of protective and relief method, which used inagricultural industry. Especially in the situation that farmers are suffered from naturaldi’sasters, agricultural insurance play a fatal role in farmers living standard, not onlyprovides relief but also is a risk-transformation mechanism.Agricultural insurance is "quasi-public insurance", which contains most ofcharacteristics of public goods，between public goods and private goods. In China, actually,the agricultural insurance as the basis of a preferential agricultural policy is a nationalinsurance and an important part of promoting agriculture by government, an investment inagricultural development as well. It is necessary to classify that agricultural insurance aspolicy insurance is to promote development of Chinese agricultural industry. Agriculturei’nsurances social needs are higher than its economics interests, which determined’agricultural insurances nature of the policy. Only classified agricultural insurance as policyinsurance, government thus could increase the subsidies towards agricultural insurance.Therefore, agricultural insurance could guarantee the development of agricultural industryin China.Some distinctive patterns of agricultural insurance appear in the development ofChina’s agricultural insurance, such as specialized policy agricultural insurance companybusiness model，cooperative business model supported by government and commercialinsurance business model supported by the government. Commercial operation leads to thelack of supporting by government and so on.Currently, China’s agricultural insurance law is "Agricultural Insurance Regulations",and the implementation of this law confirms the important role of agriculture insurance aswell as guarantees the normative of agriculture insurance, which is a milestone in theconstruction of China’s legal system of insurance in agriculture. Because the "AgriculturalInsurance Regulations" has just been introduced, there are some shortcomings, such asthere is no policy to regulate insurance and specific provisions in civil liability provisions,regulatory requirements i’s not enough perfect, and many agricultural insurances problemscannot be solved according to regulations.It is necessary to clear define the nature of agricultural insurance and to set upagricultural insurance agencies leading by government, which could relax the pressure of ’commercial agricultural insurances supply. Otherwise, adhere the principle of reasonablesubsidiarity and intervene, more substantial subsidies for agricultural insurance. Continuingestablishing and perfecting the mechanism of catastrophe risk dispersed on agriculturalinsurance practice activities, establish and continuously improve agricultural catastropheinsurance fund, the issue of agricultural insurance catastrophe risk securities. Clearly definef’unctions of supervisory agencies, and ifilfill agricultural insurance supervisory agenciesfunctions, as well as implement overall arrangements and macroeconomic regulation.Improve the agricultural insurance system，detailed stipulate contract system of agriculturalinsurance, in forms of contract to regulate the duty and right of contracting patries.