我国农业保险法律制度研究
本站原创 论文中文摘要：随着国民经济白勺增长,“三农”问题已经提上议事日程,为“三农”问题保驾护航白勺农业保险自然备受关注,如何加快农业保险发展服务“三农”已经成为中国保险界关注白勺话题。这几年,我国农业保险虽然在一些地方进行了一些试点,但是,我国农业保险发展仍然极为缓慢。这种现象产生白勺原因之一是相关立法缺位,此外,农业保险白勺相关配套政策缺位也是制约农业保险发展白勺根本所在。因此,学界、业界要求制定农业保险法白勺呼声日高。一些发达国家和地区,如法、美、日等其农业保险制度较为发达,农业保险白勺立法也较为健全,积累了大量白勺成功经验,而在我国,对于农业保险白勺研究多是从保险学白勺角度进行白勺,法学角度白勺研究较少,且不够系统和深入。因此,国外农业保险及其立法方面白勺成功经验对于我国农业保险法律制度白勺建立和完善具有十分重要白勺启示作用。本文基于我国农业保险发展白勺现状和农业保险白勺政策、立法情况,分析我国农业保险发展和立法存在白勺问题,并在借鉴法、美、日等国家农业保险法律制度白勺成功经验白勺基础上,立足我国国情,吸收他国农业保险白勺有益之处,研究我国白勺农业保险法律制度
Abstract（英文摘要）：www.328tibEt.cn In order to guarantee the agricultural development and promote the income of the farmer,we must establish the agriculture issurance systemas as soon as possible, the construction of sociali new countryside needs it to insure the display of its major function. In these years, China’s agriculture insurance has already carried on some experimental sites in some places, but our the development was extremely slow.The population of farmer in Chinese occupies 85% of the total number,what is more,China is one of the countries where most serious natural disaster often happen, but the agricultural insurance premium income only is the agricultural production resultant0.04%, accounts for the nation property insurance insurance premiumincome 8.82%, accounts for the total insurance premium income 0.6%,the agricultural insurance danger plants insufficiency 30, this is China’s agriculture insurance and the agricultural development and the rural economy construction to the safe demand extremely not symmetric present situation.This kind of phenomenon production has a lot of reasons, one of them is the lack of legislation, China has not formulated the agricultural insurance yet, only in 155th stipulated in "People’s Republic of China Insurance Method": "The national support development the safe enterprise which serves for the agricultural production, the agricultural insurance by the law, the administrativerules and regulations separate stipulates." In addition, China does not he other agricultural insurance legislations either. All that causes the bottleneck of agricultural insurance service further.In addition, our country present "Insurance Method" mainly is thestandard and the safeguard commercial insurance company’s management,although proposed to the agricultural insurance "the national support development the safe enterprise which serves for the agricultural production, the agricultural insurance law, the administrative rulesand regulations separate stipulates", but many questions are still unclear in the actual operation. Thus it can be seen that the vacancy of relative agricultural insurance policy also restricts the development of agricultural insurance.Therefore,it is high time to formulate the agriculture insurance legal system.On May 31th, 2006 the State Council routine conference has specially studied the insurance industry reform development .The conference pointed out that the primary missions is "the positive safe advancement agriculture insures the experiment site, the exploration establishment suits the condition of the pattern". The department concerned is conducting thespecial study to the agricultural insurance question, and developed many kinds of forms to insure the experiment site.But regarding agricultural insurance organization form,the management of insurance and other important questions needs further research.Some developed countries and areas, take agricultural insurance as one way of advancing the security of countryside and the promoting the development of agriculture , through consummateing its agricultural insurance legislature to make up the flaw of market mechani in disposing resources , strengthening the policy to support the legislation, enhances the government’s intervention and the ability of managong agriculture insurance. their agriculture issurance system are relatively more developed, the agricultural insurance legislation is also perfect,for example, France’s agricultural cooperation issurance system, in 1900 the French government haspromulgated "Agricultural Cooperation Insurance Method" (AMA), In 1964has established "the agricultural harm guarantee system", in 1986 established the agricultural cooperation safe group company; US in 1938 formulated "Federation Crops Insurance Method", 1994"Clinton Crops Insurance Reform Law", "in 1996 Farm Law" and so on; Japan has formulated "Domestic animal Insurance Method" as early as 1929, in 1939 formulated "Agricultural Insurance Method", in 1947 December promulgated "Agricultural Disaster Compensation method" altogether to aid to the agriculture the combination various aspects to do has been detailed, concretely, the strict stipulation. They quite are mature regarding the agricultural insurance research, and accumulated the massive successes experience, has the relative consummation the laws and regulations to safeguard this system, the structure of the system and the strategy, the perfect organization and the high quality agriculture insures the talented person as well as the extremely essential government powerful finance supports and the subsidies; But in our country, as has stated, many has to be carried on regarding the agricultural insurance research from the insurance study angle, the financial subsidy which to the agricultural insurance goal, the definition, the scope, the management , the participation of farmers and so on, all these has carried out the preliminary research, Therefore, on the basis of the situation of our country, the model of the above country’s agriculture insurance and the success experience on legislation, can provide a good example fou China .We he to legislate as soon as possible and promote the development of safeguard on agriculture insurance, speed up the reform of agricultural insurance system , expand the scope of agriculture insurance management, establish the national agriculture reinsurance system establish the financial support by the goverment.The construction of our country’s agriculture insurance law system, may consider the following aspects : (1)Orientation of agricultural insurance legislation. The implementation agricultural policy insurance is the national macroeconomic regulation and control policy important constituent ,must rest on the regulative policy to the agricultural insurance legislation the goal and the request, and must embark from our country’s national condition. Thus, our country agriculture insurance method legislation goal is impels the countryside and the agricultural development, safeguards farmer’s income to grow with steady steps. (2)Definition and scope of agricultural insurance . Defines the agricultural insurance for "the modernized agriculture is safe", namely agriculture, countryside, farmer insurance. (3)Principle of legislation . the agricultural insurance legislation, should follow the general insurance the legislation principle, and responds the following several principles again: First, the overall compensates the principle. Namely takes the accounting unit by the entire society. Second, public selection principle. The agricultural insurance should with the aid of the national economy and the people’s livelihood .Third, supports of the government .Namely the country should give essential support. Fourth, Chinese characteristic principle. Our country region broad, the humanities environment respectively has the characteristic, the condition of agricultural production is different, our country agriculture insurance should he our own characteristic. Fifth, promotion of the adjustment on agriculture industrial structure. Sixth, the principle of sustainable development. We must make use of risk dispersering mechani on agriculture insurance to promote the agricultural sustainable development. (4) nature of agricultural insurance. it should adopt the national finance support the government to manage or the national finance support commercial insurance company’s management way, to serve economy and social policy which formulates the government. (5) arrangement of the organization system . About the pattern of our country’s agriculture insurance, it is feasible under the government leadership the government manages under the pattern and the government support commercial insurance company manages the pattern as well as the mutual agriculture insurance company pattern. (6) collection of insurance funds . In order to develop the agriculture to be safe, the government should support the collection of the insurance funds , in addition, taking the financial innovation policy and opening up the channel. (7) the way of taking out insurance . Implements the insurance in a compulsory way or in a voluntary way. (8)agriculture insurance contract (insures bilateral right duty). The agriculture insurance contract should not only he the general insurance contract necessary essential factor, but also must manifest its own characteristic. (9) reinsurance. The agricultural reinsurance to further disperses the agricultural insurance risk is absolutely essential, the reinsurance mechani has not been established yet. It is possible to establish the unified policy by the central authorities on agriculture reinsurance companies to provide reinsurance. Both compulsory and voluntary agricultural reinsurance can be adopted if it is necessary.
论文关键词： 农业保险；经验启示；法律制度；
Abstract（英文摘要）：www.328tibEt.cn In order to guarantee the agricultural development and promote the income of the farmer,we must establish the agriculture issurance systemas as soon as possible, the construction of sociali new countryside needs it to insure the display of its major function. In these years, China’s agriculture insurance has already carried on some experimental sites in some places, but our the development was extremely slow.The population of farmer in Chinese occupies 85% of the total number,what is more,China is one of the countries where most serious natural disaster often happen, but the agricultural insurance premium income only is the agricultural production resultant0.04%, accounts for the nation property insurance insurance premiumincome 8.82%, accounts for the total insurance premium income 0.6%,the agricultural insurance danger plants insufficiency 30, this is China’s agriculture insurance and the agricultural development and the rural economy construction to the safe demand extremely not symmetric present situation.This kind of phenomenon production has a lot of reasons, one of them is the lack of legislation, China has not formulated the agricultural insurance yet, only in 155th stipulated in "People’s Republic of China Insurance Method": "The national support development the safe enterprise which serves for the agricultural production, the agricultural insurance by the law, the administrativerules and regulations separate stipulates." In addition, China does not he other agricultural insurance legislations either. All that causes the bottleneck of agricultural insurance service further.In addition, our country present "Insurance Method" mainly is thestandard and the safeguard commercial insurance company’s management,although proposed to the agricultural insurance "the national support development the safe enterprise which serves for the agricultural production, the agricultural insurance law, the administrative rulesand regulations separate stipulates", but many questions are still unclear in the actual operation. Thus it can be seen that the vacancy of relative agricultural insurance policy also restricts the development of agricultural insurance.Therefore,it is high time to formulate the agriculture insurance legal system.On May 31th, 2006 the State Council routine conference has specially studied the insurance industry reform development .The conference pointed out that the primary missions is "the positive safe advancement agriculture insures the experiment site, the exploration establishment suits the condition of the pattern". The department concerned is conducting thespecial study to the agricultural insurance question, and developed many kinds of forms to insure the experiment site.But regarding agricultural insurance organization form,the management of insurance and other important questions needs further research.Some developed countries and areas, take agricultural insurance as one way of advancing the security of countryside and the promoting the development of agriculture , through consummateing its agricultural insurance legislature to make up the flaw of market mechani in disposing resources , strengthening the policy to support the legislation, enhances the government’s intervention and the ability of managong agriculture insurance. their agriculture issurance system are relatively more developed, the agricultural insurance legislation is also perfect,for example, France’s agricultural cooperation issurance system, in 1900 the French government haspromulgated "Agricultural Cooperation Insurance Method" (AMA), In 1964has established "the agricultural harm guarantee system", in 1986 established the agricultural cooperation safe group company; US in 1938 formulated "Federation Crops Insurance Method", 1994"Clinton Crops Insurance Reform Law", "in 1996 Farm Law" and so on; Japan has formulated "Domestic animal Insurance Method" as early as 1929, in 1939 formulated "Agricultural Insurance Method", in 1947 December promulgated "Agricultural Disaster Compensation method" altogether to aid to the agriculture the combination various aspects to do has been detailed, concretely, the strict stipulation. They quite are mature regarding the agricultural insurance research, and accumulated the massive successes experience, has the relative consummation the laws and regulations to safeguard this system, the structure of the system and the strategy, the perfect organization and the high quality agriculture insures the talented person as well as the extremely essential government powerful finance supports and the subsidies; But in our country, as has stated, many has to be carried on regarding the agricultural insurance research from the insurance study angle, the financial subsidy which to the agricultural insurance goal, the definition, the scope, the management , the participation of farmers and so on, all these has carried out the preliminary research, Therefore, on the basis of the situation of our country, the model of the above country’s agriculture insurance and the success experience on legislation, can provide a good example fou China .We he to legislate as soon as possible and promote the development of safeguard on agriculture insurance, speed up the reform of agricultural insurance system , expand the scope of agriculture insurance management, establish the national agriculture reinsurance system establish the financial support by the goverment.The construction of our country’s agriculture insurance law system, may consider the following aspects : (1)Orientation of agricultural insurance legislation. The implementation agricultural policy insurance is the national macroeconomic regulation and control policy important constituent ,must rest on the regulative policy to the agricultural insurance legislation the goal and the request, and must embark from our country’s national condition. Thus, our country agriculture insurance method legislation goal is impels the countryside and the agricultural development, safeguards farmer’s income to grow with steady steps. (2)Definition and scope of agricultural insurance . Defines the agricultural insurance for "the modernized agriculture is safe", namely agriculture, countryside, farmer insurance. (3)Principle of legislation . the agricultural insurance legislation, should follow the general insurance the legislation principle, and responds the following several principles again: First, the overall compensates the principle. Namely takes the accounting unit by the entire society. Second, public selection principle. The agricultural insurance should with the aid of the national economy and the people’s livelihood .Third, supports of the government .Namely the country should give essential support. Fourth, Chinese characteristic principle. Our country region broad, the humanities environment respectively has the characteristic, the condition of agricultural production is different, our country agriculture insurance should he our own characteristic. Fifth, promotion of the adjustment on agriculture industrial structure. Sixth, the principle of sustainable development. We must make use of risk dispersering mechani on agriculture insurance to promote the agricultural sustainable development. (4) nature of agricultural insurance. it should adopt the national finance support the government to manage or the national finance support commercial insurance company’s management way, to serve economy and social policy which formulates the government. (5) arrangement of the organization system . About the pattern of our country’s agriculture insurance, it is feasible under the government leadership the government manages under the pattern and the government support commercial insurance company manages the pattern as well as the mutual agriculture insurance company pattern. (6) collection of insurance funds . In order to develop the agriculture to be safe, the government should support the collection of the insurance funds , in addition, taking the financial innovation policy and opening up the channel. (7) the way of taking out insurance . Implements the insurance in a compulsory way or in a voluntary way. (8)agriculture insurance contract (insures bilateral right duty). The agriculture insurance contract should not only he the general insurance contract necessary essential factor, but also must manifest its own characteristic. (9) reinsurance. The agricultural reinsurance to further disperses the agricultural insurance risk is absolutely essential, the reinsurance mechani has not been established yet. It is possible to establish the unified policy by the central authorities on agriculture reinsurance companies to provide reinsurance. Both compulsory and voluntary agricultural reinsurance can be adopted if it is necessary.
论文关键词： 农业保险；经验启示；法律制度；