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The Study of Legal Regulation to China’s Agricultural Insurance

Author: GuoZuoNi
Tutor: RenYiShun
School: Ocean University of China
Course: Economic Law
Keywords: agricultural insurance agricultural insurance legislation agricultural Insurance legal system legal regulation of agricultural insurance
CLC: D922.284
Type: Master's thesis
Year: 2008
Downloads: 57
Quote: 0
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Abstract


Agricultural insurance is an effective tool for scattering agricultural production risk, it’s faction to the stability and development for rural socio-economic and the entire national economy should not be overlooked. Agricultural insurance has two major functions of insurance, including risk diversification and economic compensation, but its function is particular because of the special nature of its insurance object.It Plays an irreplaceable role in lowering the risk of natural agricultural losses, recovering the agricultural production, increasing farmers income and so on. The quasi-public goods of agricultural Insurance determines its operation with obvious policy that distinguishes it from the general insurance business. Therefore, only the Government to participate in and provide strong support the gricultural insurance can be achieved vigorous development. Undeniably, in china the agricultural insurance is being payed more and more attention from the central to local governments and to ordinary farmers. Agricultural Insurance has experienced more than 20 years of recovery and development, and has achieved certain results, which has accumulated some experience for the further development of agricultural insurance.But there is still a lot of shortcomings in the development of agricultural insurance. The development of the agricultural insurance has now landed himself in a embarrassing position that "security farmers can not afford and the insurance companies can not afford to pay". The reason is that, the policy nature of agricultural insurance in china has not been payed attention to, the involvement of government in agricultural insurance has a great arbitrariness and uncertainty, the development of agricultural insurance is based on commercial insurance, also the main management are commercial insurance companies, all this goes against the law of development of agricultural insurance, this dilemma is inevitable.It is easy to see that the healthy development of the agricultural insurance needs construction of special legal system for agricultural insurance. through analizing the legal regulations (including the legislative background and the focus content of agricultural insurance)of several countries whos’agricultural insurance business is successful (such as the United States, Japan, Canada, Philippines). It is to say that China’s agricultural insurance needs for a piece of its own laws in order to get out form the dilemma of development, and sets up specialized agricultural insurance system of laws and regulations. China’s agriculture insurance legislation is necessary and feasible, the conditions of the agricultural insurance legislation have been basically established. From necessity, the existence and development of agricultural insurance needs the support of the legislatione, the existing agricultural insurance legal environment can’t adapt to the needs of agricultural insurance for farmers, agriculture insurance legislation has significant on the protection of sustainable development of agriculture, as well as agricultural insurance legislation is the needs of converging to WTO "green box"-policy; From feasibility, agricultural insurance legislation has the support of the state’s macroeconomic policies, Practical experience accumulated around, the ardent desire of the majority of farmers and the urgent desire participatation of the commercial insurance companies.This paper presents a Proposal for the construction and improvement of China’s agricultural insurance system of the law, on the basis of research and theoretical analysis to the status of China’s agricultural insurance system as well as referencing the practical experience of foreign agricultural insurance legislation. The agricultural insurance legislation including the basic principles (including government support combining whith market-oriented operation, Policy different from the commercial operation of business,mandatory and voluntary integrating, the basic protection and so on ), legislation goals (making agricultural insurance a social security system in rural areas, promoting the development of agriculture added enhancing the international competitiveness of agricultural products), the model Selection and forms of organization of agricultural insurance business, the coverage and level of protection of agricultural insurance, agricultural insurance catastrophe reinsurance and risk diversification, governments’duties and liabilities in the agricultural insurance, the rights and obligations between Insurers and the insured, and other basic elements. Hope that the idea of this legislation has a certain reference value to the solution of legal regulation to China’s agricultural insurance.

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