The Problems In The Legal System Of Fishery Mutual Insurance In China And Its Improvement

Fishery mutual insurance system is a system which is established after years of exploration and conforms to the characteristics of China's fishery production.It has its value and advantages,conforms to China's national conditions,ensuring the safety of fishermen's life and property and promoting the development of China's marine economy.However,in the process of the development of fishery mutual insurance,it has exposed many problems,such as the rigidity of fishery mutual insurance system,the lack of relevant laws and regulations,the unreasonable organization system and structure of mutual insurance,the lack of supervision,the improper intervention of the government and so on.And the related research results in this field lag behind,which is inconsistent with the existing reality.The above problems in practice have restricted the further development of fishery mutual insurance in China.This paper is divided into five parts: introduction and chapter one to chapter four.In the literature review part of the introduction,this paper analyzes the general research status of mutual insurance legal system in China's fisheries;in the first chapter,it briefly expounds the connotation and value of mutual insurance in fisheries;in the second chapter,it discusses the two outstanding problems of mutual insurance legal system in China's fisheries,namely,the lack of legal system of mutual insurance in fisheries and the establishment and management of mutual insurance institutions in fisheries In the third chapter,this paper explores the current situation and characteristics of fishery mutual insurance in the United States,Japan and South Korea,in order to solve the problems existing in the legal system of fishery mutual insurance in China and improve the legal system of fishery mutual insurance in China;in the fourth chapter,based on the problems and Enlightenment discussed above,this paper puts forward suggestions to improve the legal system of fishery mutual insurance in China from three aspects: improving the legal system of fishery mutual insurance,improving the governance mechanism of fishery mutual insurance organization and the introduction of commercial insurance and commercial reinsurance.To improve the legal system of fishery mutual insurance in China,first of all,there should be special legal content to regulate the content of fishery mutual insurance.On the basis of the Regulations on agricultural insurance in China,the Agricultural Insurance Law should be issued and a separate chapter should be set aside to regulate fishery mutual insurance,and then the corresponding norms should be detailed.Thus,through the way of legal norms,we can make clear the business objectives,government support and operation of mutual insurance organizations,clarify the power boundaries of government departments,clarify the supervision and management responsibilities of government departments for mutual insurance organizations,and ensure the main position of insured members in mutual insurance organizations.At the same time,we should perfect the mutual insurance clause of local fishery,make clear its procedure,standardize its content,and balance the rights and obligations of the mutual insurance clause.Secondly,the internal and external governance of fishery mutual protection organizations should be improved in accordance with the above-mentioned provisions,including improving the articles of association,defining the organizational position,reducing the administrative color of the organization,optimizing the organizational structure,reflecting the regional characteristics,defining the responsibilities of the internal functional organs of the organization,establishing the democratic decision-making and supervision mechanism and professional manager system,etc.Finally,in order to promote the long-term and stable development of China's fishery insurance,the author clearly puts forward that the future fishery insurance market should be a dual mode of policy based fishery mutual insurance + policy based commercial insurance and the assumption of introducing commercial reinsurance into the fishery reinsurance market.