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Study On The Qualification Of Plaintiff In Civil Public Interest Litigation Of Social Groups In China

Posted on:2022-02-16Degree:MasterType:Thesis
Country:ChinaCandidate:Y ChenFull Text:PDF
GTID:2506306518951799Subject:Civil and Commercial Law
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Agricultural insurance is very practical in the production of agricultural products in China.As a risk management tool,in order to disperse the dangers of agriculture,it can well increase the enthusiasm of farmers in their operations.According to my country’s current level of agricultural development,the emergence of the agricultural insurance law will bring us a different economic vitality.After learning from the evolution of the legal process in the United States,Japan,and France,we believe that the precondition for the existence of the agricultural insurance legal system is insurance.The completeness of laws and regulations,overall planning,coordination,and strong national support are the basis for consolidation and implementation,and the superstructure is an appropriate business model.Adopting a combination of voluntary and compulsory insurance mechanism is the basic guarantee.First of all,my country’s agricultural insurance legislation should clarify the legal purpose,introduce a civil protection system,establish a business model suitable for my country’s national conditions,and make it clear that financial construction is the most important support method for improving the reinsurance system.The legislative model adopted by my country’s agricultural insurance regulations goes beyond the commercial orientation of agricultural insurance and the traditional regulatory system.Although legislation covering both natures seems comprehensive,in some respects,it can also lead to injustice.Obviously,the fundamental understanding of this dilemma is the main contradiction in restructuring agricultural insurance legislation into an administrative dilemma.Our thinking level starts from the research of economic theory.Once the legislative system is standardized,the subsequent impact is that the system and laws and regulations become more difficult to reshape,because the system will become more entrenched under the framework of the legislative model,which leads to Influencing the degree of evolution of the entire agricultural insurance legal system,the mode of the system is limited to the specified scope,which sets up an unbreakable framework for the development of agricultural insurance.Therefore,the reform of agricultural insurance laws is not a smooth process,nor can it be done once and for all.On the road of its complete life cycle,we have to walk the historical road of integrating with domestic and foreign,and we can walk in the construction of new channels.The state should give farmers professional knowledge and financial autonomy the legal framework conditions for self-growth.Under the conditions of a market economy,agricultural insurance,agricultural technology and agricultural finance go hand in hand with them,forming the three pillars of modern agricultural development.Internationally,agricultural insurance is often used to increase farmers’ income and promote agricultural production,and it is also the support of the United Nations to allow its member states to develop agricultural production operations.The actual agricultural production operations require the diversity of agricultural insurance.There is not only a pure profit market behavior,but a policybased business model as the mainstay,and a commercial business model as a supplement.This kind of commerciality and policy complement each other.The model has become a common practice in the development of agricultural insurance in countries all over the world.However,my country’s agricultural insurance is still in the embarrassing stage of "lack of demand and lack of supply".The special legislation of agricultural insurance has not been put into action because of the difficulties in understanding and operation.The long-term lack of system construction requires urgent reflection and reconstruction.This article attempts to study the basic legal issues of agricultural insurance from the logical thinking of the rule of law and the legal perspective of norms,hoping to make suggestions for the related legislative issues of agricultural insurance.
Keywords/Search Tags:Social group, Civil public interest litigation, Perfection of Plaintiff System
PDF Full Text Request
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