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Discussion on the legal system construction of agricultural disaster relief in China

Author: LiMingHui From: www.yourpaper.net Posted: 2010-06-02 07:32:21 Read:
Keywords: the agricultural disaster relief   agricultural insurance; no insurance assistance program emergency loan
Abstract: great loss of in the frequent occurrence of natural disasters on agricultural production caused, based on other countries and the area of agricultural disaster relief legal system, puts forward the idea of constructing this system in our country
The construction of agricultural disaster relief legal system for the protection of the interests of farmers, increase the income of farmers, promoting agricultural production, has a very important practical significance to consolidate the basic position of agriculture in national economy, also has the extremely important theory significance for the law study.Many countries and regions of the world have agricultural disaster relief legal system, but our country about this system in "agricultural law" in only a few rules, the lack of operability, need to be supplemented and perfected.Therefore, based on the research of other countries and regions to agricultural disaster relief legal system, puts forward the idea of constructing this system in our country.
The necessity of 1 to construct the legal system of agricultural disaster relief
1.1 natural disasters occurred frequently in 2007, "time" magazine ten natural disasters in the world.Among them, the flood swept South Korea, the WFP estimates, grain production capacity is 450000 T; the Greek forest fires that killed almost 70 people, all burned nearly 405000 h forest; according to the Ministry of civil affairs report, in 2037 China climate anomaly, the rainfall is extremely uneven, extreme weather events, disaster concurrent, over a broad area, parts of repetition, has affected, local rainfall, flood, drought disaster history records.A strong earthquake of magnitude 8 occurred in 2008, the South snowstorm and Sichuan I County of Wenchuan province and China has suffered enormous casualties and property losses.Relying on government funds and private donations and other traditional remedies have not meet the needs of reality, while the agricultural disaster relief legal system has obvious advantages in defending major losses.Therefore, to explore and formulate suitable for China's legal system of agricultural disaster relief necessary to reality.
1.2 agriculture is the foundation of agriculture in national economy of human society is the source of food and clothing, live this, China is a country with a large population, only with sufficient food to seek their own prosperous and powerful in the international relations of the perplexing.In addition, agriculture is the industry is the main source of light industry raw materials, is an important source of funding for national construction and the accumulation of export goods, provides a broad market for the development of the second industry, three.China's economic development history has proven, agricultural development speed, the whole national economic development speed; on the other hand, the agricultural production backwards, it will bring serious harm to the development of the national economy and people's life.Because of natural disasters, destruction of agricultural production, the national economy will be affected to varying degrees, especially in the management of agriculture for farmers income will be greatly reduced, or even crops.If you don't give the rescue, will greatly hurt the business of agriculture, influence the sustainable development of agriculture.
1.3 the agricultural disaster relief legal system lack many of the world's countries and regions have laws and regulations specifically for agricultural disaster relief, such as the United States, Spain, Taiwan area.At present, although the mainland of China, there are some natural disasters to the farmer assistance policies, such as the State Council released the 5 pieces of natural disasters such as sudden emergency special public events (national natural disaster relief emergency plan, the State Flood Control and drought relief emergency plan, the national earthquake emergency plan, geological disasters of national emergency response plans, national disposal heavy, big forest fire emergency plan), but the regulations on agricultural disaster relief to the few, such as the "national natural disaster relief emergency plan" only 2 relates to the natural disasters of farmers relief.
After the Wenchuan earthquake of 2008, the Ministry of civil affairs jointly with the Ministry of finance to the Sichuan earthquake emergency appropriation of natural disaster emergency funds central living subsidies, according to the important decision made national emergency plan.But this is only for the life of the peasants on the relief, post-disaster recovery for agricultural production is still far from enough.In addition, many countries set up agricultural insurance system, although China has rules, but only the hail and wind on the insurance, flood, drought, snow, dust storms and other weather disasters, volcano, earthquake disasters, geological disasters, landslides, landslide, debris flow, marine disasters, there is no tsunami storm surge involved in.
Agricultural disaster relief legal system
2 other countries and regions
2.1 agricultural insurance
2.1.1 the United States of america.The United States Department of agriculture provides a number of the permanent authorization plan, help farmers economic recovery from natural disasters.Among them, the agricultural insurance is one of the main ways of the United States of America agricultural disaster relief.The United States of America agricultural insurance has the following characteristics: one is the United States of America agricultural insurance has a long history, has been nearly 70 years of history.Two is the United States of America agricultural insurance to implement the "dual system" management mode, namely, the federal government (responsible for by the United States Department of Agriculture Risk Management Bureau) regulations, provide policy support; private insurance company shall be responsible for the specific business.Three is the United States of America agricultural insurance executes induction in combination with voluntary insurance and benefits.But (J994 crop insurance reform act "provisions, not to participate in the government crop insurance farmers can't get other government welfare programs, such as farmer loan programs, agricultural support and protection programme support etc..Four is the United States of America agricultural insurance coverage and insurance, which has covered more than 100 varieties of crops.The federal government provides insurance premium subsidies and reinsurance support these insurance policy.In 1980 the "federal Crop Insurance Act" provisions, the United States Department of agriculture to provide 30% of the insurance premium subsidies for all insurance, payment of certain costs to provide sales and service of crop insurance Private Companies.In addition, according to the special disaster assistance act, if serious natural disaster in large range, all on the farmers can get emergency disaster assistance.
2.1.2 spain.The Spanish agricultural insurance is more mature, not only insurance is complete, and perfect management system, strong support of the government, the development of health insurance companies, to the important role for the development of innovation system of agriculture.The Spanish agricultural insurance has obvious characteristics: one is to attach importance to agricultural insurance legislation, the legal restriction of government behavior, to ensure the successful development of agricultural insurance.Two is the government support.Three is the agricultural insurance with the feature of mandatory, do not participate in the insurance of farmers, the government does not give relief assistance.Four is the agricultural insurance organization forms.At present, food crops (wheat, maize and so on), agricultural products processing (cotton, sugar, tobacco, horticultural products and livestock), poultry and aquatic products basically have insurance.In recent years, Spain continue to expand agricultural insurance field, and carried out the forest fire insurance, animal epidemic prevention insurance and land price insurance.Farmers can personal insurance, can unite collective insurance, the insured to the collective.Government subsidies for agricultural insurance, mainly reflected in 3 aspects: one is the subsidy standards, implementing different premium subsidy standard for different insurance subject.Such as the full-time farmers subsidies standards than part-time farmers with high 5%; some collective insurance farmers subsidies standards than the personal insurance 5%.At the same time, implement different subsidy standard for different crop insurance premium, rare and precious crop subsidies standards than the general high 20% crops.Two is to implement different insurance rates for different coverage criterion.Three is the government by adjusting the premium subsidy and the insurance premium to the adjustment of agricultural planting structure.
2.2 no insurance assistance program (NAP)
2.2.1 the United States of america.NAP is used to did not involve those crop insurance program for those crops, planting also temporarily unable to obtain the agricultural insurance crop farmers to provide help.Its characteristic is similar to the previous disaster assistance program: any eligible farmers planted crops without insurance annual yield is lower than the local annual yield of 65% can be achieved when the insufficient part of the compensation.If the whole area average yield below average 65%, then the annual yield of individual farmers can obtain the assistance of compensation is lower than the perennial 50% only. how much compensation is determined according to the specific situation of each household, the amount of compensation is calculated according to the crop market price 60%.The farmer must promptly report to the local office of the United States Department of agriculture (USDA) ~ to planting area and production history. when regional yield below average 65%, farmers can make a judgment based on experience, to see whether their output will be lower than 50%, so as to apply to USDA for evaluation. without insurance assistance program to protect crops mainly economic crops, including mushrooms, asparagus, carrots, celery, lettuce, cauliflower, B sweet potato, sweet cherry, strawberry, watermelon, forage grass, mint, pineapple, pumpkin.
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