On The Insurance Coverage Of Agricultural Environmental Liability Insurance

The modernization of agricultural production requires the transformation of mechanization and technology, so as to meet the demand of the market and the society. However, the process either directly ignores the requirements of agricultural ecology, or not can keep the balance between agricultural development and agricultural environmental protection, thus lead to serious agricultural environmental problems.Existing regulation on agricultural environmental pollution is mainly based on the traditional tort relief mode, but it shows a kind of helplessness that has to be done. It is difficult to solve the problem of pollution efficiently and fairly just relying on existing legal system. There is a dominant difference between the tort of the agricultural environment and the traditional one. Therefore, the socialization theory of risk burden comes into being. The system of agricultural environmental liability insurance has adapted to the trend of the socialization of environmental damage relief, which is of great significance to the prevention of agricultural environmental problems and the solution of agricultural pollution disputes, and to stabilize the agricultural production. the definition of coverage and practice of agricultural environmental liability insurance system act a key role in the successful implementation of the system, which is an important issue of agricultural environmental liability insurance system.The thesis bases on existing research results, relies on the insurance and law principle, comprehensively uses empirical research, normative research and the legal economic analysis method to analyze and discuss the theoretical and practical liability risk that can be the coverage of agricultural environmental liability insurance, and then concludes the final insurance coverage and its practical route.In introduction part, thisthesis introduces the research methods, the possible innovation and so on. Followed by an overview of the existing agriculture environmental liability insurance system, such as the concept, characteristic and theoretical basisetc. on the basis above,then justifies the theoretical coverage of agriculture environmental liability insurance,which includes the concept, property and its expansion of the coverage. The expansion part is based on the theory of tort liability and liability for breach of contract, the intentional liability discussed as well. Besides, the limited condition of contract is discussed in ways of legal basis, incentive of insurance parties and relevant social costs, so as to limit the theoretical coverage, and come to a operative conclusion, which should be the sudden agricultural environmental tort liability, one’s own site management responsibility and spiritual damage compensation liability etc.Finally, the practice path of coverage is analyzed, which is composed of the legal basis, selection of insurance model and undertakers and development ofinsurance market.