Research On The Problems And Modifications In The Implementation Of "Agricultural Insurance Regulations"

Insurance is a mechanism responding to risks,and agricultural insurance is a mechanism coping with agricultural risks.In regard to our country's actual circumstance,agricultural insurance is a preferential policy launched by the state aiming at rural,agriculture and farmers,it is the embodiment of the state's great support to “three rural” and one of government's investments in agricultural development.In order to ensure that insurance mechanism is put into practice,the state released “Agricultural Insurance Regulations”,which has asserted the central place of agricultural insurance,meanwhile effectively standardized agricultural insurance activities,hence is the foundation of constituting the regime of law for Chinese agricultural insurance.Yet in the implementation process of the “Regulations”,a number of perfection needed places gradually emerge,for example: The “Regulations” did not make out detailed provisions on catastrophic risk dispersion mechanism,the provisions concerning agricultural insurance supervision are too simple,cognizance of civil liability in agricultural insurance is deficient,these shortcomings lead to many problems in the practice and also indicate the urgency of constructing the legal system of agricultural insurance,it is obvious that merely relying on the “Regulations” is unable to deal with all the problems properly.It is necessary to draw up a more comprehensive “Agricultural Insurance Law” with higher legal validity.Through comprehensive reading of relevant literature material at home and abroad,this dissertation traced the continuous deepening history of agricultural insurance,current status and the legalization process in China,compared USA,Canada,Korea,Japan,Philippine,Portugal,Spain and China with regard to the main theoretical system of agricultural insurance legislation,reasons of implementing agricultural insurance,rules to abide by in real execution,concrete implementation,other risk mechanisms relating to agriculture side,and etc.,based on comparative analysis of Chinese “Agricultural Insurance Regulations”,and effective discussion of various problems in the “Regulations”,the article pertinently advanced optimization contents for the “Regulations” and suggestions relating to the legal construction of agricultural insurance in China,raised that systematized and detailed “Rural Insurance Regulations” should be established,this then requires to elaborate the reasons,concrete implementation requirements and operations of every step in details,and cover a wider range of concrete operational specifications as much as possible;beyond that,in order to further guarantee the agricultural development,This dissertation proposes that on the basis of amending the “ Agricultural Insurance Regulations ”,the “Agricultural Insurance Law” should be drafted in time to provide more preferential policies for the development of agricultural insurance at the legal level.For example,the relevant subsidy policies should be improved and the policy on agricultural catastrophe insurance should be comprehensively introduced and so on,so that China's agricultural insurance can be operated in the more perfect legal framework.