From Government Leading To Government Guidance:Research On Perfecting The Legal System Of Policy-Based Agricultural Insurance

Agricultural insurance plays a significant role in preventing and decentralizing agricultural production risks,compensating farmers for losses,and adjusting the structure of agricultural industries.In 2004,the No.1 Central Document proposed the establishment of a policy-based agricultural insurance system for the first time.Until2018,the No.1 Central Document continued to support policies.The issue of agricultural insurance issues.Policy-based agricultural insurance legal relationship subjects participate in agricultural production and operation activities in accordance with legal provisions,make full use of government financial intervention measures and link up with market mechanisms.Through long-term practice and exploration,China has initially established a government-led policy agricultural insurance legal system.Under the circumstances of China’s efforts to promote market-oriented reforms,the development model of government-led policy-based agricultural insurance is no longer in line with the mainstream theory and awareness of national economic and social reforms,nor is it adapted to the needs of the central policy and market development.Under the government-led operating mode,market resources can be randomly allocated by the government.Administrative monopoly and power rent-seeking phenomena begin to appear.The government’s financial support structure is irrational,the product supply and demand structure is unbalanced,and the lack of supervision responsibility is more obvious.Administrative compulsion and intervention have affected market vitality too much.Agricultural industrialization and modernization put forward new requirements for improving the legal system of policy-based agricultural insurance,and spurring farmers’ different levels of agricultural insurance needs.They need to stimulate farmers’ active agricultural insurance needs under the will of risk management.Therefore,changing the mode of operation of policy-based agricultural insurance,combined with government guidance and market operations,restricts the degree and scope of government intervention in policy-based agricultural insurance,guides market competition throughgovernment guidance,gives full play to the role of market mechanism,and comprehensively promotes policy-based agricultural insurance.Supply capacity and service level.This article is divided into six parts.The first part is the introduction of the article.It introduces the background and problems of the policy-based agricultural insurance development practice led by the government to the government,summarizes the research results and progress of the relevant issues at home and abroad,and explains the research purpose,research methods and existing Innovation and difficulties.The second part is the basic theory part,using the normative analysis method to elaborate the difference between the concept of policy-based agricultural insurance,the government-led and government-guided content and characteristics.Combined with the relevant theories of economics and law,it lays a theoretical foundation for the government to guide the improvement of the policy system of agricultural insurance.The third part is the demonstration of the inevitability of guiding government leaders to the government.By introducing the development course and policy guidelines of policy-based agricultural insurance,the specific performance of government-led policy-based agricultural insurance operations is summarized;and in conjunction with the relevant regulations of the "Regulations on Agricultural Insurance",Under the government-led model,the specific problems existing in the operation of the policy-based agricultural insurance legal system analyzes the practical necessity for the transformation of government-led government guidance for the development of policy-based agricultural insurance.The fourth part is to discuss the concrete practice of the policy-based agricultural insurance operation model of foreign developed countries including the United States,Japan,France,and developing countries such as Mexico and the Philippines,and sums up the experience and inspiration for the Chinese government to guide the policy system of agricultural insurance.The fifth part is to improve the specific arrangements for the government to guidethe policy system of agricultural insurance.We must clarify the values and principles that should be followed in perfecting the legal system,establish the overall pattern of government-led policy-based agricultural insurance,and then propose that the government guide the policy-based agricultural insurance legal system to be improved from the three levels of financial support system,risk prevention system,and legal supervision system.Specific actions and recommendations.The sixth part is the research conclusion and research prospect.This paper summarizes the development of the text and points of view,and puts forward the outlook for future government-guided policy-based agricultural insurance research.