Discuss On The Legal System Of Fishery Insurance In China

As an important part of agriculture,fishery is one of the most dangerous industries and one of the five most dangerous industries in China.As an important part of the fishery risk guarantee system,fishery insurance bears the important functions of risk transfer and loss allocation,which can guarantee the safety of fishermen's life and property,it is an important guarantee factor for the sustainable,healthy,stable and efficient development of China's fishery and a policy tool for the protection of fishery.This paper takes the legal system of fishery insurance as the research object,and adopts the methods of investigation,literature and so on,first,the concept,classification and function of China's fishery insurance are summarized.According to the objects of Insurance,China's fishery insurance can be divided into fishery breeding insurance,fishing vessel insurance and personal safety insurance for fishery employees,according to the organizational mode of operation,it can be divided into policy fishery insurance,mutual aid fishery insurance and commercial fishery insurance,among which the commercial fishery insurance has basically disappeared,and the fishery insurance has the function of economic compensation and risk dispersion,it has the functions of stabilizing fishery production,rationally allocating fishery resources,improving international competitiveness and promoting the development of rural financial industry Secondly,it expounds the present situation and existing problems of China's fishery insurance legal system: at present,the country lacks relevant laws and regulations on fishery insurance,even there is no clear definition of fishery insurance,policy-based fisheries insurance has been carried out in many areas of our country and has achieved good results.The mutual-aid fisheries insurance is mainly carried out by the China Fisheries Mutual Insurance Association,individual regions also have a province-wide network of mutually supportive social groups composed of individual fishermen and fishery organization resources.The main problems are: lack of adequate financial subsidy legal systemsupport,the policy of financial subsidy of fishery insurance is still in the exploratory stage,the legal policy of subsidy is the necessary prerequisite to solve many problems;The legal system of fishery re-insurance is not perfect,the re-insurance market of our country is in its initial stage,the management system,mode and system need to be further improved,and the necessary legal supervision system of fishery insurance is lacking,based on the theory of catch,public choice and public interest,the paper analyzes the current situation of fishery insurance legal system in foreign countries,through the analysis of Japan,South Korea,France,the United States and other foreign fisheries insurance legal system to obtain the status quo,in order to develop the fishery insurance legal system in China,it is necessary to perfect the fishery insurance legal system and formulate special laws related to fishery insurance Fourth,some thoughts on the perfection of China's fishery insurance legal system.The perfection of the system can not be separated from the protection of legislation.First,we should perfect the legal system of financial subsidy for Fishery Insurance,the legal responsibilities of relevant government departments,fishery insurance organizations,insured fishermen and fishery production and management organizations shall be clearly defined,and the subjects,recipients,methods and responsibilities of subsidies shall be stipulated.Secondly,we should perfect the legal system of fishery reinsurance contract,confirm the main body of the contract,the choice of the contract type,the insurable interest of reinsurance and the object of insurance,and support the policy.Finally,we should perfect the legal system of fishery insurance supervision,determine the main body of legal supervision,mainly the supervision of the government and relevant administrative departments,and make clear the object of supervision,the government,fishery insurance organizations,fishermen and fishery production and operation organizations are analyzed,and the supervision is divided into three parts: Solvency supervision,market behavior supervision and corporate governance supervision.