Research On The Legal Problems Of Cooperative Agriculture Insurance

As one of the important risk management tools in modern society,cooperative agricultural insurance plays an important role in dispersing agricultural risk,raising farmers’ income and safeguarding food security.Cooperative farming insurance has a natural compatibility with rural financial markets.It has outstanding theoretical advantages in reducing transaction costs,improving efficiency,against moral hazard and adverse selection.Compared with commercial insurance companies,grass-roots cooperative agricultural insurance organizations are natural closed to farmers,conveniently to resolve the basic problems of agricultural infrastructure construction network and to carry out the work.In our country as early as the nineties of last century there was cooperative farming insurance practice,.The "Document No.1" of the CPC Central Committee has repeatedly mentioned to encourage the development of rural cooperative insurance in rural areas,promulgated in 2013,"Agricultural Insurance Regulations" for the first time recognized Cooperative system of agricultural insurance legal status.It can be said that the development of cooperative insurance system in our country has ushered in an unprecedented opportunity.In the practice of cooperating agricultural insurance,Heilongjiang Sunshine Agriculture Mutual Insurance Company has cooperatively produced agricultural insurance and has achieved great success and become an industry model.However,since the cooperative system of agricultural insurance is regulated by law,the relevant legislation stagnated,only the "farmer professional cooperatives" and "mutual insurance organization supervision pilot scheme" on its establishment,members,supervision and other matters made preliminary provisions.In the cooperative system of agricultural insurance to build the system,the insurance rate to determine the authority,reinsurance mechanism and disaster risk dispersion mechanism is still a blank,because the cooperative system of agricultural insurance organizations are extremely sensitive to the risk,these supporting mechanisms are precisely decided Whether the cooperative agricultural insurance system can last.It is because of the lack of legal system supply,Heilongjiang Sunshine Agriculture Mutual Insurance Company is facing a series of difficulties,so,improving the cooperative system of agricultural insurance legislation is urgent.Japan and France on the cooperative agricultural insurance legislation is quite complete,not only the establishment of a multi-level organizational system,as well as perfect reinsurance and disaster risk diversification mechanism,financial and tax support and strong integration into the legal track,these practices provides valuable experience to improve our country Cooperative farming insurance legislation.In order to improve the cooperative agricultural insurance legislation,we must first strive to improve the supply of legal system for the cooperative system of agricultural insurance development to provide a good legal environment.From the legislative form,to enhance the agricultural insurance and cooperative agricultural insurance legislation rank;from the legislative content,should be based on the wind control and improve the cooperative system of agricultural insurance business rules and the supporting mechanism.Second,to give co-operation of agricultural insurance organizations to set a certain rate of authority in order to better play its flexibility in the theoretical advantages for the new agricultural main body to provide a richer insurance products.Again,legislation should build a multi-level cooperative agricultural insurance organization system,including the form of the original form of the original insurers of the original insurance system,as well as by the various forms of reinsurance reorganization of the reorganization system to the greatest extent for the grassroots cooperation system agricultural insurance decentraling business risk,the organizational system of the various business entities between the rights and obligations to clear.Again,to improve the matching reinsurance and disaster risk diversification mechanism,the establishment of a policy reinsurance institutions in the current situation is very urgent,but also the establishment of agricultural disaster risk diversification fund.Finally,it clarifies the specific subsidy obligations of the government in the development of cooperative agricultural insurance and puts it into the law.In addition to the need for perfecting the subsidy mechanism,it should also be subsidized by the cooperative management fee of the cooperative agricultural insurance organization,and the tax exemption should be further strengthened.