| Agriculture is the foundation of the national economy, the problems of agriculture, rural areas and farmers has also been an important strategic issues of the socio-economic development in China. China has a vast, complex geographical environment, frequent natural disasters, and agricultural risk. Since China’s accession to the WTO, agriculture has not only to face natural risks, but also to face the risks of domestic and international markets. As one of the three pillars of economic development in rural areas, agricultural insurance plays a very important role in the dispersion and transfer of agricultural risk, improving agricultural anti-risk ability, stabling agricultural production, and protecting the interests of farmers. Although China’s agricultural insurance regulations has been promulgated, the legal system of China’s agricultural insurance is not perfect, For example:with regard to financial subsidy of the agricultural insurance, agricultural insurance catastrophe risk measures are still insufficient. Therefore, in-depth study of the legal system of agricultural insurance has a very positive theoretical and practical significance in improving the legal system of China’s agricultural insurance, solving the three rural issue, building a new socialist countryside, and building a harmonious society.The paper uses the value analysis, historical analysis and comparative analysis, First, we analyze the basic theory of the agricultural insurance system. Second, we analyze the main contents and characteristics of the foreign agricultural insurance legal system. Finally, we analyze and point out the shortcomings of the legal system of China’s agricultural insurance, and then make specific recommendations to improve the legal system of China’s agricultural insurance.In addition to the introduction and the conclusion, the paper is divided into four parts.The first part is the legal system of agricultural insurance overview, including the meaning of the agricultural insurance, the nature, characteristics and functional analysis. Agricultural insurance is a special insurance, is distinguished from normal commercial insurance, the organic integration of agricultural production and management activities and insurance business. Its nature is the quasi-public goods, it is between public and private goods.The perfect agricultural insurance legal system can not only standardize and guide agricultural insurance in the insurance activities, and is a strong guarantee to improve the market competitiveness of agricultural products in the WTO rules.The second part is to use a comparative approach, analysis of the foreign agricultural insurance legal system. Papers from the point of view of the legal system of agricultural insurance, insurance approach, financial subsidies, business model, agricultural insurance products as well as agricultural insurance catastrophe risk diversification measures, to specific analyze of the legal system of agricultural insurance in the United States, France, Japan, the Philippines and other countries.The third part is to discuss in the Foreign Agricultural Insurance Characteristics of Legal System and its Implications for China. Foreign Agricultural Insurance Legal System developed earlier, they have a high level of financial subsidies, sound business organization, a sound catastrophic risk dispersion measures, advocacy and education efforts. These features provide a useful experience for the improvement of legal system of China’s agricultural insurance.The fourth part is to analyze the status and shortcomings of the legal system of China’s agricultural insurance, and put forward countermeasures to improve the legal system of China’s agricultural insurance. Although China’s current Agricultural Insurance Regulations make corresponding provision of fiscal support of agricultural insurance, business model, business organization, catastrophe risk diversification mechanism, there are still some problems and deficiencies, For example, the level of financial subsidies is still very low, the risk of decentralized management system is not perfect, Agricultural insurance claims operation is extensive, agricultural insurance products are single, low-quality professionals. To this end, the authors suggest that China should continue to improve the level of financial subsidies, improve the agricultural risk diversification measures, establish the reasonable operating organizational measures for agricultural insurance, improve agricultural insurance supervision and management system, rich agricultural insurance products and improve the quality of professionals. |