Research On The Legal System Of Policy-related Agricultural Insurance In China

Agricultural production in the face of natural disasters with natural weakness,the need for national support and protection.In order to make up for the failure of agricultural insurance market and ensure the healthy development of agricultural economy,the state uses the policy agricultural insurance as the system adjustment means,carries on the risk management and the social management to the agricultural production,guarantees the sustainable development of the agricultural insurance market.However,the development of China's agricultural insurance market is not optimistic,because the commercial insurance has a profit-making property,and can not effectively promote the development of agricultural economy,agricultural insurance in the development process,the existence of agricultural insurance is not active farmers insured,agricultural insurance operators limited capacity.In addition,there are still some problems in the absence of special legislation on agricultural insurance,the implementation of taxation policies and other policies and policies that are not comprehensive.In order to promote the systematization and institutionalization of the development of agricultural insurance,this paper attempts to construct the legal system of policy agricultural insurance as the core of the research,from the four aspects of legislation,supervision,taxation and reinsurance legal system construction demonstration,elaborate the basic legal issues,Improve the construction of China's agricultural insurance legal system to do their own policy,not including the introduction and conclusion,including the policy of agricultural insurance legal system construction from four aspects of the argument,summarized as follows:The first part,agriculture insurance in through the definition and the necessity of existence.Agricultural insurance involved in the basic issues,including the definition of relevant concepts,from the perspective of economic law to analyze the legal relationship.The relevant concepts involved in agricultural insurance are expounded,and the research on the specific system is carried out on the basis of grasping thebasic concepts and main features.On the basis of clearly defining the basic concept,the present situation of agricultural insurance development in China is introduced.According to the present situation of agricultural economy development,the enthusiasm of commercial insurance to insure agriculture is not high.In order to make up for the failure of insurance market,it further demonstrates the construction of policy system of agricultural insurance Of the real needs.The second part,stand in the perspective of comparative law analysis of the successful experience of foreign policy agricultural insurance.Selects representative developed countries and developing countries,makes a comparative study on the agricultural insurance business model,and draws lessons from the successful experiences of other countries to construct the policy-oriented agricultural insurance legal system.The development of agricultural insurance has a certain regularity,the use of comparative analysis of the different countries and regions of the agricultural insurance system development research,learn from the successful development of agricultural insurance system countries,summed up the general applicability of the conclusions,combined with China Agricultural insurance development of the actual situation,put forward the system construction in the legislation,supervision,taxation and reinsurance advice.The third part,based on domestic policy agricultural insurance development present situation.Based on the development of domestic policy-oriented agricultural insurance pilot areas,proposed the development of domestic policy-oriented agricultural insurance,the need to build a specific legal system,as a system to promote the development of agricultural insurance system,and then Solve the problem of "agriculture,countryside and farmers".Domestic policy of agricultural insurance development model is due to the different provinces and differences,specifically the province as a unit to divide,according to the local development needs of the region,choose a different development model.As the various development models have their own advantages,in the choice of the model,we should learn from the common development of different models to achieve maximum efficiency,andthus promote the development of China's agricultural insurance to ensure the steady growth of agricultural economy.The fourth part,from the perspective of concrete system design policy-oriented agricultural insurance legislation.On the basis of summing up the experience of domestic and international agricultural insurance,this paper puts forward some suggestions on how to develop the policy of agricultural insurance.Clear the policy of agricultural insurance legislation to guide the construction of the principle of determining its legal status.The principle of legislation should be general and microscopical,and become the core of the development of agricultural insurance,specifically on the leadership of the government to control,voluntary and mandatory combination of coordination of the interests of the main body and the protection of a variety of mechanisms such as the coordinated development of principles The principle of legislation,the specific legislative construction can play a guiding role;In addition,from the regulatory system,tax incentives and reinsurance system three aspects of specific recommendations.