On The Combination Of Agricultural Environmental Liability Insurance And Agricultural Subsidy

Agriculture, as a primary industry, has borne an increasingly close time with chemical technology after thousands of years of development. As a result, in the agricultural production process, environment has suffered increasingly serious pollution and destruction. Agricultural environmental pollution has became one crucial incentives of environmental pollution. And the infringements relating to that, triggered by damages which have been directly or indirectly brought by agricultural producers through the environment to personal rights and property rights. The aforementioned status shall not be ignored. While in the face of agricultural pollution sources, different from industrial pollution sources, rather than just impose tougher penalties on the inflictor, the working centrality shall focus on prevention, guidance and relief.To relief problems of agricultural environmental infringements in the agricultural production process, some scholars have put forward solutions to introduce environmental liability insurance into the agricultural field under the environmental liability insurance framework and system, have refined the agricultural environmental liability insurance, which can also be termed the agricultural producer environmental liability insurance. Specifically, the agricultural producers are thought as the injuring party and the applicant, sharing risks and responsibilities of harmful agricultural production mode. However, in consideration of the born defects of agriculture, i.e. inferiority of agricultural producers and complexity of agricultural environmental infringements, how to ensure the feasibility of agricultural environmental liability insurance needs the powerful support and booster. Appropriate agricultural subsidies have the very great advantages and supporting forces. Agricultural environmental liability insurance shall agree with agricultural subsidy policies, so that agricultural environmental liability insurance can be more feasible and attractive, in addition to that agricultural subsidy policies can become more “ecological”, thus enhancing environment-protecting functions of agricultural environmental liability insurance and subsidy policies.This paper is on the basis of previous studies about environmental liability insurance, agricultural environmental liability insurance, agricultural subsidy policies and other aspects, in the virtue of theories such as economic theories and law science, and methods such as the literature research method, comparative analysis method and systematic analysis method. Followed the logic of what----why----how to figure out what is the agricultural environment liability insurance and agricultural subsidy policies, why and how they need to combine. This paper introduces the basic theories of agricultural environmental liability insurance and agricultural subsidy policies analyze the necessities of agricultural environmental liability insurance and put forward as to figure out the problem of agriculture pollution sources. Then find out the restrictions of developing agricultural environmental liability insurance, the reasons for the necessaries of insurance supporting by agricultural subsidy policies, and launch fully demonstration stick to the aforesaid. Additionally, functions of agricultural subsidy policies are analyzed to prove that it can be taken as a kind of means for supporting agricultural environmental liability insurance, so as to make agricultural environment liability insurance more operable and applicable. On this basis, work is done to analyze the practical significance and feasibility of the agreement between agricultural environment liability insurance and agricultural subsidy policies. Last but not the least, mechanism for guaranteeing an institutional agreement between agricultural environment liability insurance and agricultural subsidy policies are proposed at the end of this paper.