On Construction Of Agricultural Insurance Law In China

Agriculture is the foundation of the national economy, which is also a weak quality industry with high risk. As is well known, China is one of the countries that suffer the most serious natural disasters in the world, and the loss which the agricultural risks cause is huge. As an important risk protection system, agricultural insurance can prevent the agricultural risk effectively and ensure sustainable development in agriculture. However, after decades of agricultural insurance practice, agricultural insurance in China still can't play its role of risk protection. Exploring the reason, it is related to absence of agricultural insurance law to a large extent. The opening and developing of agricultural insurance---a part of the state's Macro-industrial policies---needs to be brought into orbit of the rule of law, and we should construct the specialized agricultural insurance law to guide the development of agricultural insurance.The paper includes introduction, main part and epilogue. The main part is made of five parts. Part I is an overview of the legal system of agricultural insurance, taking the general analysis of agricultural insurance as a breakthrough point. The author introduces the concept of the agricultural insurance, the nature of the agricultural insurance and the function of the agricultural insurance, and then turns to analyze the legal system of agricultural insurance, define the concept of the legal system of the agricultural insurance, explain the concept of the legal system of the agricultural insurance and analyze the theoretical basis of the legal system of the agricultural insurance. Part II is about the historical development of Chinese agricultural insurance and its legal system. First of all, the author summarizes the development of Chinese agricultural insurance, aiming at showing that how Chinese agricultural insurance developed in the process of trial. And then, the author introduces and analyzes the historical development and current situation of Chinese legal system of agricultural insurance, understanding further that we should construct our agricultural insurance law to make up for the current legal system of agricultural insurance. Part III is the analysis of objective necessity to construct Chinese agricultural insurance law. The author separately analyzes the necessity and feasibility of constructing Chinese agricultural insurance law, and concludes that the time is coming to construct Chinese agricultural insurance law. Part IV is the analysis of the agricultural insurance legislation abroad and its enlightenment to China. The author selects the United States of America, Canada, and Japan as the representatives of developed countries, and Philippines as a representative of developing countries to analyze their legislation on agricultural insurance, and extracts a lot of inspiration to us. Part V is a tentative idea of the construction of agricultural insurance law in China. First of all, the author advocates some legislative goals of agricultural insurance law of China, and then analyzes legislative principles of agricultural insurance law of China, lastly expounds the system design of agricultural insurance law of China.