我国农业保险合同制度的反思与优化

A Reflection on the Agricultural Insurance Contract System in China and Its Optimization

我国现行农业保险合同制度体系是以《保险法》为首,由《农业保险条例》引领的,以部门规范性文件为主,行业规定为辅的制度体系。我国商业性农业保险合同和政策性农业保险合同不分,加之对农民权利认知的高度不够、对我国农业经营主体的多元性重视不足,导致现行农业保险合同制度存在一系列的问题。若想充分发挥农业保险支农、惠农的功能,必须对农业保险合同制度进行优化。本文通过对农业保险合同关系的解构、对立法技术的反思及惠农制度的统筹考察,提出我国农业保险合同制度优化的终极路径和近期措施。

China＇s current agricultural insurance contract system is guided by the ＂Insurance Law＂ and led by the ＂Regulation on Agricultural Insurance＂ ,namely,the ministerial regulatory documents as the mainstay and the sectorial rules as supplementary. In China,there is no distinction between commercial agricultural insurance contract and policy-oriented agricultural insurance contract, coupled with a lack of understanding on farmers＂ rights and insufficient emphasis on diversification of market players. These factors have given rise to a series of problems regarding the agricultural insurance contract system. If we want to give full play to the supportive function of agricultural insurance for benefiting farmers,we must optimize the contract system. Through the deconstruction of the agricultural insurance contract, the reflection on the legislative technology and the overall review of the farmer-benefiting system, we put forward the ultimate path and short-term measures to optimize the agricultural insurance contract system.