Standardizing premium advance is an urgent task to promote agricultural insurance.

At present, it is a critical period for agricultural insurance to cover autumn crops, but many areas generally encounter the problem of paying premium. This has become a major obstacle encountered by operators in the process of widely promoting agricultural insurance.

It is difficult to collect premiums from farmers, which is a common problem in the operation of insurance institutions, especially for farmers who account for more than 70% of scattered small-scale operations, which is time-consuming and difficult to collect. In places that attach importance to agricultural insurance, or where the publicity and work of insurance companies are relatively strong, the situation of paying insurance premiums is more prominent. Some are handed over by village committees, some by big farmers, and some by leading enterprises or means of production companies. No matter who pays for it, it is legally allowed. Because the pad is the insured, as long as the insured farmers know and recognize, there will be no problem. However, if you do not know and do not recognize it, there will be legal defects, because the insured (the payer) has no insurable interest. Under such circumstances, it depends on how the claims are settled at a later stage.

There are several situations: first, the premium is paid by a third party, but it is informed and recognized by the insurance farmers. After the contract comes into effect, if the damage occurs within the scope of the contract, the insurance company will pay the reparations to the affected farmers, and the farmers can return the premium previously paid to the payer, which is no problem.

Second, the premium is paid by a third party, but the insured farmers do not know and do not recognize it. After the disaster, the insurance company pays the reparations to the premium payer, and the payer does not return it to the insured farmers, which infringes upon the interests of the insured farmers.

Third, after the premium is advanced by the third party, there is no disaster loss within the scope of the contract, and the insurance company pays the "indemnity" to the premium payer by making false reparations in accordance with the prior agreement with the payer. This kind of untrue claims is suspected of false claims and financial subsidies.

Fourth, the insurer conspired with rural cadres to prepare crop insurance lists, forge peasant household signatures and conclude agricultural insurance contracts in the name of some or all peasant households in the village. Rural cadres shall pay that part of the insurance premium that farmers should pay, and conclude false insurance contracts that farmers do not know about. When the insurance company receives the corresponding premium subsidy from the government at all levels, it will return the premium paid by the rural cadres, and the premium subsidy will be shared by both parties to the contract. This situation constitutes a criminal offence of obtaining financial subsidies and embezzling insurance premiums.

How to solve the problem of premium payment commonly encountered in various places is an urgent task to promote agricultural insurance. In my opinion:

First, according to the Insurance Law, the applicant and the insured can be two people, so it is legal to pay agricultural insurance premiums or pay premiums on behalf of a third party, as long as the insured farmers know and agree, it should be considered that the policy-holder has an insurable interest in the subject matter insured.

Second, the insurance premium paid in advance as long as the consent of the pad payer is obtained, and the payment will not be returned to the pad payer afterwards, which is only a matter between the policy-holder and the insured and does not affect the effectiveness of the agricultural insurance contract.

Third, after the premium is paid and the insurance contract becomes effective, the disaster losses agreed upon in the contract will not occur, regardless of the premium payer or the insured peasant household (the insured), shall not request the return of the premium from the insurance company in any way or obtain the insurance indemnity in the way of false compensation, in order to make up for the cost of advance expenses. However, the preferential treatment and reduction of premiums without reparations stipulated in the contract are in line with the provisions of the Insurance Law. The problem is that because of the premium subsidy provided by the government, agricultural insurance only gives farmers "preferential treatment or reduction of premiums", which is worth discussing, because it is suspected of "returning farmers' premiums and obtaining financial subsidies". Therefore, the correct design of the terms should be under the condition that the premium is obviously high and the compensation rate is low, it is more appropriate to reduce the premium as a whole in the following year.

Fourth, under the condition of paying insurance premium, there is an indemnity case, and in order to make up for the cost of insurance premium payment, the insurer should give some more reparations appropriately to its self-supporting cultivated land, which can be regarded as accommodation reparations (strictly speaking, this operation is not reasonable). The crop losses on the arable land of the insured (the insured) shall also be settled as actual losses, and the compensation shall also be returned to the insured peasant household, if the insured peasant household voluntarily and confirms that the premium payer shall receive the indemnity, it shall be regarded as legal.

Fifth, in the case of land transfer or cultivated land entrusted management, after the land transferor or trustee pays the insurance premium, the insurance indemnity can be obtained by the premium payer after the agreement of the land contractor and the consent of the land contractor. This belongs to the normal legal transfer of the rights and interests of insurance indemnity. However, in the absence of a disaster, the refund of the premium shall not be requested from the insurance company.