关于农业保险改革的经济法思考

我国现行的商业性农业保险模式过于强调了私法自治,完全放弃了公法对农业保险市场的必要的适当的干预,未能处理好政府与市场在农业保险中的关系,片面强调市场机制的作用,忽视了农业保险作为公共产品的特殊性和市场机制本身的局限性.改革现行的农业保险模式,必须在立法和实践中贯彻经济法的理念、原则和方法,因为农业保险法本质上是经济法.

Consideration about the Reform of Agriculture Insurance in View of Economic Law

In China, the commercial agriculture insurance is mainly based on private law, and completely free of any essential and proper regulations of public laws. Such an insurance system does not deal with correctly the relationship between the government and the market. It stresses unilaterally the function of market and neglects the particularity of agriculture as public product and the limitation of market mechanism. In order to reform the patter the ideas, principles and methods of economic law must be implemented in legislation and practice because agriculture insurance law in essence belongs to economic law.