绿色农业补贴法律制度之诠释—农业补贴生态化之法治思考 An Interpretation on the Legal System of Agricultural Green Subsidies—The Road to Ecological Agricultural Subsidies

农业作为弱质产业，在世界各国均由政府采取补贴政策扶持其发展。在全球生态意识普遍觉醒的当今，农业发展须应对其可持续性和生态安全形势的挑战，发展绿色(生态)农业是必然选择。由此，需要调整传统的农业补贴政策，突出其生态保护功能。鉴于中国现阶段农业补贴基本上没同生态保护挂钩，改善农业补贴政策机制的路径在于创设农业补贴生态化即绿色农业补贴法律制度。借鉴发达国家农业生态补偿政策与法制实践，中国农业补贴生态化法治保障机制的构建，重在以农业环保为支点建立财政投入长效机制，并改善财政转移支付制度，构建环境资源成本核算体系和绿色GDP核算机制，健全生态补偿组织管理体系，通过“项目支持”提高补偿资金利用效率等。 Being a weak industry, agriculture is subsidized around the world by many governments to support its development. With the general awakening of ecological consciousness, agricultural developments must react to the challenges from ecological security situation as well as its sustainability. Thus the development of green (ecological) agriculture is an inevitable choice. As a result, the traditional agricultural subsidy policies need adjustments in order to highlight its ecological protection function. Given the fact that China’s current agricultural subsidies policies are virtually not linked with ecological protection, the way to them is to adopt eco-agricultural subsidies, i.e., green agricultural subsidy mechanism. Learning from developed countries’ agro-ecological subsidy policy and legal practices, China’s agricultural subsidy policy shall focus on the long-term financial mechanisms based on the agricultural environment protection, improve the fiscal transfer payment system, establish the environmental resource cost-accounting system, and perfect the ecological compensation administration system as well as to lift the compensation capital efficiency through “project support”.Being a weak industry, agriculture is subsidized around the world by many governments to support its development. With the general awakening of ecological consciousness, agricultural developments must react to the challenges from ecological security situation as well as its sustainability. Thus the development of green (ecological) agriculture is an inevitable choice. As a result, the traditional agricultural subsidy policies need adjustments in order to highlight its ecological protection function. Given the fact that China’s current agricultural subsidies policies are virtually not linked with ecological protection, the way to them is to adopt eco-agricultural subsidies, i.e., green agricultural subsidy mechanism. Learning from developed countries’ agro-ecological subsidy policy and legal practices, China’s agricultural subsidy policy shall focus on the long-term financial mechanisms based on the agricultural environment protection, improve the fiscal transfer payment system, establish the environmental resource cost-accounting system, and perfect the ecological compensation administration system as well as to lift the compensation capital efficiency through “project support”.