Study Of Legal System Of Forest Insurance In Our Country

Forest insurance refers to the economic contract behavior that the operator of forest resources(the insured)transfer the financial loss and risk of forest caused directly by natural disasters or accidents to forest insurance agent(insurer)by paying insurance premium to insurance agents according to pre-determined insurance rate standard,with the forest in growing period as the insured object.Forest insurance has such features as particular in the insured object,periodic in the insurance duration,difficult in determination of insurance liability and obvious in social benefits,etc.Based on insurance liability,forest insurance can be divided into single risk,comprehensive risk and all risks.Based on strength of policy,forest insurance can be divided into policy forest insurance,commercial insurance and cooperative forest insurance.Based on type of insurance contract and object of insurance,forest insurance can be divided into the original insurance and re-insurance.The determination of business entity of forest original insurance is the key part of forest insurance system.The ideal choice for business mode of forest original insurance in China is to establish a business mode hosted by commercial insurance company and supplemented by forest insurance cooperative organization and national management under the guidance of government.The forest original insurance is realized through signing and execution of insurance contract by the insured and the insurer;rights and obligations of both parties are stipulated by the insurance contract.Because the particularity of forest ori ginal insurance,the drafting and execution of forest original insurance contract should adopt general principle of insurance contract and meet the special requirements of forest original insurance.In addition,re-insurance is a necessity to disperse risk of insurer of forest original insurance.Based on advanced theories from abroad and practical experience,we can establish a forest re-insurance system integrating multi business entities including policy re-insurance institutions and other supplementary re-insurer.At the same time,governmental support,legal support and supervision are quite critical for the development of the forest insurance.Governmental support mainly includes subsidies of insurance cost,subsidies of re-insurance and preferential tax rate.In addition,the legal and healthy operation of forest insurance requires effective supervision on the insured,the insurer,the re-insurer and government.