Feasibility Study On Agricultural Catastrophe Insurance Legislation Of The Legal System

China is an agricultural country, agriculture is the foundation of the nationaleconomy, besides it is one of the important issues related to people’s livelihood.However, in China, agricultural catastrophe happens freguently and is always hard-hit,from2008to2013, all kinds of natural disasters comes one after another, such asfloods, drought, earthquake and so on, which has brought huge losses on China’sagricultural production, and also seriously affected the development of agriculture.Therefore, we must pay attention to all kinds of natural disasters brought about by theenormous destructive formulate correct and effective response measures to reducelosses to agriculture caused by the catastrophe. With the growing maturity of thedevelopment of the insurance market, the community of agricultural insurance,especially the voice of agricultural catastrophe insurance and more intense.Agricultural risk is the agricultural production process, due to the loss ofproperty caused by disasters, personal injury or other economic losses, such as therisk of loss with uncertainty. Agricultural catastrophe risk refers to the risk oflarge-scale agriculture is seriously affected by natural factors produced. Specifically, itcan be due to extreme weather events and diseases, pests pandemic caused hugeanimal husbandry and fishery production is defined as the risk of loss of agriculturalcatastrophe risk.Because of the uncertainty, regional-scale agricultural catastrophe risk and other reasons, many countries have yet to establish a system of agricultural insurancesystem, which also makes the role of insurance in the agricultural catastrophe riskaversion could not be effectively realized. However, throughout the developed world’smost advanced agricultural country such as USA, Japan, European countries, thesecountries have established agricultural catastrophe risk aversion in terms of a moresystematic insurance system, diversification of risk through insurance mechanisms,the use of agricultural catastrophe reinsurance, risk means of securitization, andcatastrophe insurance fund for agricultural catastrophe risk dispersion and relief,largely reducing the risk of catastrophic harm.In1950s, the founding on the development of agricultural insurance began towork, while the agricultural catastrophe insurance in the agricultural insuranceframework to carry out short-lived too. Due to the development of agriculturalcatastrophe insurance requires huge financial and material resources, and thus to thedevelopment of agricultural insurance while ignoring the establishment of catastropheinsurance system, resulting in agricultural catastrophe insurance in the historicalprocess has been slow to develop. As a large agricultural country and agriculturecatastrophe risk-prone, on our risk sharing and transfer of agricultural catastrophe,and did not reach the level of advanced countries in the world. Imperfect, difficult toimplement the policy of insurance, as well as commercial insurance companiesnational legislative norms to avoid problems due to earnings of less than the statusquo, these have become the cause of China’s agricultural catastrophe insuranceconstraints established by the legal system.However, in recent years with frequently happening of catastrophe, coupled theimplementation of agricultural insurance, which has made a general requirement forthe establishment of a major natural disaster risk management system, and thereforesuitable for China to establish a agricultural catastrophe insurance legal system isimperative.This article tries to relevant the legal issues on agricultural catastrophe insurancesystem as the research object, and refer to the agricultural catastrophe insurance ofFrance, Japan, USA, Canada. Under the comparation analysis of the fout countries, find out the enlightenment to China. On the basis of catastrophe insurance throughlegislative feasibility analysis on China’s agricultural explore the theoreticalfoundation to build China’s agricultural catastrophe insurance legal system, andfinally to make further conception and design suitable for China to establishagricultural catastrophe insurance system. This paper is divided into four parts, thespecific contents are as follows:The first part, according to the definition of agricultural catastrophe risk and theanalysis obout the insurability of agricultural catastrophe risk, find out the problemswhich come through the introduction of agricultural catastrophe insurancedevelopment process and laying the groundwork for the analysis of the necessity andfeasibility in establishment of agricultural catastrophe insurance system.The second part, according to introducing the agricultural catastrophe insurancesystem of France, Japan, America, Canada, compare the basic content, the operationmechanism, the organizational structure and the risk diversification mechanism, findout the right things which is worth exploring to learn from our place.The third part, through the revelation of our experience and the experience ofoutstanding foreign experience, analyze the feasibility and necessity of constructingagricultural catastrophe insurance system in our country and provide the theoreticalgroundwork for the construction of the legal system to agricultural catastropheinsurance.The fourth part, based on the aforementioned theoretical groundwork, designedChina’s agricultural catastrophe insurance of the legal system in five areas, whichcontain from the provisions of the legislative principles, operation mechanism, thelegal relationship between the parties, the relevant insurance costs, risk diversificationmechanism.