Research On The Legal Issues Of Financial Subsidies For Agricultural Insurance In China

To solve the legal problems existing in the financial subsidies of agricultural insurance,to perfect the legal system of agricultural insurance,promoting the legalization of public expenditure,and solve the "three rural issues" and promoting agricultural development is very important.This paper uses normative analysis,empirical analysis and comparative analysis method to analyze the legal problems of financial subsidies of agricultural insurance in China,and puts forward some suggestions to solve the problem,in order to provide a theoretical basis for solving the financial subsidies of agricultural insurance legal issues,and solve the prominent problems in practice,promote the improvement and development of agricultural insurance finance the subsidy system.In addition to the introduction,this paper consists of five parts.First,through the analysis of the concept and function of agricultural insurance and the nature of quasi public goods,it is concluded that the development of agricultural insurance can not do without the support of financial subsidies.Two,definition of financial subsidy and from the agricultural insurance and the right to exercise macro-control rights,standardize the financial subsidies behavior and public finance law four economic law theory,demonstrates the necessity of financial subsidy and the theoretical basis of its legal regulation.Three,combing the development of agricultural insurance and agricultural insurance subsidies in China,summarizes the main legal problems in the development process.In the existing legislation,the legislation related to the financial subsidy of agricultural insurance is not enough and the relevant regulations are lack of scientific nature.The existing legal system of financial subsidies in kind is still single,the provisions of legal liability in the financial subsidies of agricultural insurance is not specific enough,at the same time,did not form the effective supervision of the financial subsidies of agricultural insurance system.Four,this paper compares and draws lessons from foreign advanced agricultural insurance financial subsidy system.There are five kinds of financial subsidy system of agricultural insurance in foreign countries,such as financial provision of capital,financial subsidies and management fees,financial support reinsurance,financial risk fund and tax relief.From the foreign financial subsidy system can draw two enlightenments to our country: the first is the need to support the development of agricultural insurance system of fiscal subsidy system;second is the agricultural insurance subsidy system to protect the rule of law.Five,according to the legal issues of financial subsidies of agricultural insurance in China,foreign successful experience in the development of agricultural insurance subsidy system,to put forward the following suggestions to solve the problems of the legal system of financial subsidies for agricultural insurance in China: first,accelerate the improvement of agricultural insurance subsidies related legislation;second,the relevant provisions of the law of science develop financial subsidy;third,establish and improve various types of financial subsidy system;fourth,establishment of specialized regulatory agencies,improve the financial subsidies of agricultural insurance legal supervision system;fifth,clear legal responsibility of each subject in the system of subsidies.