What are the ways of relief for farmers' losses caused by the disaster?

Since June, the Yangtze River basin has suffered many rounds of heavy rainfall, and the provinces and cities along the line have suffered serious floods. The flood brought huge property losses to the farmers. Farmland is flooded and there is no harvest; houses collapse and houses are lost; and there are all kinds of property disputes caused by floods, which plague farmers' self-rescue and reproduction. In the face of their own property losses, what ways can farmers provide relief?

The government will come to the rescue and the society will be strengthened.

According to Article 2 of China's regulations on Natural disaster Relief, natural disaster relief work follows the principles of people-oriented, government-led, hierarchical management, social mutual assistance and disaster victims' self-help.

Flood is a natural disaster and there is no subject of liability in civil law. Yang Dongxia, a researcher at the legal Service Center of the Ministry of Agriculture, told reporters, "at present, China's flood property relief system mainly includes civil aid, social donation and disaster victims' self-help."

China's Emergency response Law stipulates that the state shall bear a certain responsibility for relief and compensation for the damage caused by the flood. In the history of extreme natural disasters, the government has played a mainstay role, providing a lot of material support and assistance to the people. According to the disaster Relief Department of Hunan Provincial Civil Affairs Department, so far, the central government has allocated 200 million yuan, and Hunan Province has spent 72 million of its expenditure on life assistance and housing reconstruction for disaster victims, and funds are being decentralized for disaster relief one after another.

Social donation is also an important force in flood relief. Loving donations from various organizations and individuals provide both material and spiritual comfort to the affected people. According to figures released by the Hubei Provincial Civil Affairs Department, in the month after the flood, the Hubei Provincial Civil Affairs Department and various charities received more than 3000 million yuan in donations from the public.

Policy-oriented agricultural insurance escort

Should I buy agricultural insurance? After the flood, farmers have a deeper understanding of this problem. Tongling City, Anhui Province, is one of the areas affected by the flood. After the disaster, Tongling City opened a "green channel" for agricultural insurance claims.

"We underwrite crops such as rice, corn, cotton and greenhouse vegetables. Premiums come from central, provincial, municipal, county finance and farmers' self-payment, of which 80% are borne by finance at all levels, and only 20% are paid by farmers. " Zhang Qiren, manager of the Agricultural Insurance Department of Tongling Central Branch of Guoyuan Agricultural Insurance Co., Ltd., introduced to the reporter.

It is reported that due to the early occurrence of the disaster, most of the autumn crop policy basic insurance in Tongling City, such as rice, have not yet gone through the insurance formalities. In order to protect the interests of the farmers affected by the disaster, Guoyuan Agricultural Insurance Co., Ltd. has adopted "four sides" for the basic policy agricultural insurance that has been planted and insured in previous years, that is, "while surveying, checking the standard, issuing orders, and settling claims", all claims have been settled.

It is understood that Tongling's agricultural policy insurance began in 2008. To this year, Tongling autumn crops a total of 310000 households insured, the insured area of about 1.3 million mu. So far, the loss has been nearly 10 million yuan, of which the advance compensation is more than 3 million yuan. "if the loss is more than 80%, it shall be determined as a total loss and shall be compensated according to the lost income; if the loss rate is between 30% and 80%, it shall be determined as a partial loss and shall be carried out in accordance with the company's detailed rules for determining the loss". Zhang Qiren added.

What can not be ignored is that the current situation of China's agricultural insurance system is still due to the low efficiency of agricultural output, the low awareness of farmers to take out insurance, the high compensation rate of agricultural risks, and the inactive underwriting of insurance companies. insurance varieties and compensation standards can not meet the demand; government financial support needs to be further strengthened.

The insurance system of rural house damage needs to be improved.

It is a common phenomenon that houses are flooded and damaged in flood disasters. For the protection of rural housing, China's current insurance system is mainly market-oriented commercial insurance, policy-oriented rural housing security is only pilot in some areas.

Housing insurance is a kind of family property insurance. It is understood that the major insurance companies basically have commercial insurance for housing. Generally speaking, the family property insurance includes the main insurance and the additional insurance, the main insurance is the insurance for the house and its overall structure, and the additional insurance is the insurance for other property in the house, such as house decoration and furniture supplies.

"due to regional differences, housing losses caused by floods are not all covered." Wang Chunjun, a lawyer from Kyoto Law firm in Beijing, told reporters, "Insurance companies take steel houses as the main insurance objects, while brick and wood houses are often not covered because they are easy to damage."

Will farmers take the initiative to buy insurance for their farmhouses? The reporter's survey found that due to the large chance of natural disasters that led to house damage and the small number of types of housing insurance suitable for purchase, farmers' willingness to insure agricultural houses is not strong.

In recent years, the rural housing policy insurance for extreme disasters and weather, which is piloted by some provinces and cities, continues to appear in people's field of vision. For example, the unified insurance project of rural houses in the mountainous areas and reservoir areas of Anhui Province includes the losses caused by rain and wind disasters. Another example is the pilot farm house earthquake insurance in Dali, Yunnan, where the premiums are fully borne by the provincial, prefectural and county governments to provide protection for the loss of rural houses caused by earthquakes of magnitude 5 or above.

Don't panic about disputes related to agriculture, and the law will come to protect them.

The occurrence of flood and waterlogging sometimes leads to a variety of legal disputes. According to an investigation by the people's Court Daily, disputes easily caused by floods include contract disputes, labor disputes, disputes over creditor's rights and real rights, and other administrative criminal disputes.

For example, a shrimp-rice continuous cropping cooperative raised crayfish in rice fields and signed a purchase and sales contract with a food processing company in May to deliver 1000 jin of crayfish in August. After the lobster is processed, it will be used at the International Aquatic products Exhibition held in September. After the rainstorm and flood, the crayfish are almost dead, and it is virtually impossible to deliver the crayfish. What should I do in such a situation?

In accordance with Article 117 of the contract Law, if the contract cannot be fully performed due to force majeure, it may be partially or completely exempted from liability according to the influence of force majeure. Due to the occurrence of force majeure, both parties to the contract may negotiate to change the terms of the contract. This shrimp-rice cooperative may be exempted from liability in whole or in part because of the actual circumstances of the flood disaster, and may separately negotiate with the parties the relevant provisions of the contract.

What if the property and the certificate of rights are washed away by the flood? According to Article 79 of the General principles of Civil Law, lost property, drifting objects or lost animals shall be returned to the owner, and the expenses thus incurred shall be reimbursed by the owner. The loss of the certificate of rights will not result in the loss of rights. If certificates such as passbooks, bank cards or house property certificates are lost, the obligee can perform his rights or reapply for the relevant certificates according to law through his identity certificate.