Regulation On Genetically Modified Food Safety In China

The rapid and wide application of transgenic technology has brought great changes tohuman life. Together with the great economic and social benefits, genetically modified foodsafety problems are also increasing, which arouse high attention of international society,governments and the public. They have become the complex social problems of politics,economy, law and ethics, beyond a purely scientific problem, and concern fundamentalinterests of countries, developers of transgenic technology, producers of genetically modifiedfood and consumers. The complexity and uncertainty of genetically modified food safety riskbring great challenge to government regulation. In recent years, transgenic technologyresearch and development in our country have made great progress, genetically modified cropplanting area has gradually expanded, and government regulation system of geneticallymodified food safety has initially established. At the same time, the government, the media,the expert and the developer have disagreed a lot about genetically modified food safety. Thepublic anxiety about genetically modified food safety and distrust to capacity of governmentregulation grows day by day. The government regulation of genetically modified food safetyis facing with major test. Thus it is of important theoretical and practical significance to carryin-depth research on government regulation of genetically modified food safety in our countryand put forward feasible policy suggestions.Directed by the basic theories of regulation economics, public management and legalscience, through normative analysis, social statistical analysis, case analysis, historicalanalysis and comparison analysis methods, this dissertation expounds the basic theory ofgovernment regulation of genetically modified food safety, examines the demands ofgenetically modified food producer, consumer and government itself for governmentregulation of genetically modified food safety in China, analyzes the current situation ofsupply of government regulation in our country, compares the policy, legislation and practiceof government regulation of genetically modified food safety in international society andother typical countries, and puts forward the countermeasures and suggestions of perfectinggovernment regulation system The main conclusions are: genetically modified food safetyincludes human health safety, ecological safety and economic social safety. The governmentregulation of genetically modified food safety is essentially the risk regulation and public service of government which is legally implemented under the highly complex and uncertainrisk background. The optimization of government regulation should be executed in fullconsideration of the stakeholders’ demand and the regulation concept and capacity ofgovernment. By learning international regulation experiences, the government regulationsystem of genetically modified food safety in China should be established with the characterof “accurate positioning, reasonable structure, sound mechanism, complete legislation andpowerful enforcement”.This dissertation consists of eight chapters:Chapter1: Introduction. This chapter presents the research background, elaborates theresearch purpose and significance, reviews the research progress made by scholars both athome and abroad concerning government regulation of genetically modified food safety, andclarifies the research approach, logical frame and research methods, and summarizes theinnovations in this dissertation.Chapter2: Theoretical basis of regulation on genetically modified food safety. Thischapter defines the concept and connotation of genetically modified food safety, governmentregulation etc. Based on theories of government social regulation, risk regulation, marketfailure and regulation failure, supply and demand balance, game theory, and regulation by law,this chapter explores theoretical foundation of government regulationChapter3: Necessity, composition and effectiveness of regulation on geneticallymodified food safety. This chapter states the necessity of government regulation, summarizesthe elements of government regulation, and analyzes the effectiveness of governmentregulation on game theory. It is suggested that regulation system follow the game rulesbetween producers and consumers, regulators and producers as well as those within differentregulators. Meanwhile attention should be paid to the special risk evaluation and managementfunction of government. And it is necessary to examine the stakeholders’ demand forgovernment regulation, together with the analysis of the regulation consciousness and supplyability of government. Also the government regulation should be performed on the basis ofperfect legal system, in order to overcome the dual failure of market and governmentregulation, and maximize the public welfare.Chapter4: Demand analysis of regulation on genetically modified food safety in ourcountry. Using social statistics and case analysis methods, this chapter investigated thedemands of transgenic technology developers, crop growers, food producers and consumers,as well as the government itself for government regulation, in order to provide empirical basisfor objectively evaluating and perfecting government regulation system of geneticallymodified food safety in our country. It is believed that food producers hope the government increase research investment, protect intellectual property rights and growers’ rights, andpopularize genetically modified food safety knowledge, transmit the positive information, andreduce regulation cost. Consumers want the government to strengthen information disclosure,improve label management, implement risk evaluation and exchange mechanism, perfect thelegislation, and strengthen the law enforcement. The government expects that regulationdecision of genetically modified food safety be made on basis of the complete informationand proper risk assessment and prediction.Chapter5: Supply analysis of regulation on genetically modified food safety in ourcountry. This chapter summarizes the development and operation status of governmentregulation, evaluates the relevant achievements and deficiency concerning the legal system,regulation structure, regulation system and regulation enforcement, and reveals the reasonsfor the failure of government regulation through typical case analysis. It is suggested thatsystematical legislation, regulating framework and law enforcement of genetically modifiedfood safety have been preliminarily established. Still there are several shortcomings toovercome: The rank of legislation is relatively low, the regulation function is not quite rational,the basic and supporting mechanism are not perfect, and the enforcing capacity needs to bepromoted.Chapter6: International experience and its enlightenment to regulation ongenetically modified food safety. This chapter reviews the legislation and practicedevelopment of government regulation of genetically modified food safety in internationalsociety and typical nations and regions, compares the historical change and basic modes ofseveral different regulation systems from the aspects of the regulation concept and principles,regulation structure, regulation legislation and measures. The following enlightenment issummarized: International rules should be followed and effectively utilized. The choice ofregulation policies and legislation should be based on realistic situation and thecomprehensive measurement of advantages and disadvantages of transgenic technology toprotect national interests. The coordination mechanism should be established to ensuremulti-institution regulation system effectively operated. The legislation should be completedand enforcement be strengthened within both traditional legal and institutional framework.The transparency of the legislation should be increased, the mechanism of public participation,understanding and acceptance be improved.Chapter7: Countermeasures for perfecting regulation on genetically modified foodsafety in our country. Based on the analysis of the preceding chapter, the followingconclusions are drawn in this chapter: Firstly, the concept of “to regulate through steadydevelopment, to achieve safety through cautious regulation” should be established. Secondly, the basic principle system with precautionary principle as the core needs to be clarified.Thirdly, the combination of the special law and supporting rules is to be formed. Fourthly, theregulatory organizations and their functions and ability should be strengthened. Fifthly, therisk assessment and labeling system need to be completed, the publicity of governmentinformation, public participation and intellectual property rights protection mechanism shouldbe set up. Finally, the comprehensive enforcement and supervision mechanism needs to bereinforced to improve regulating effect.Chapter8: Conclusion and prospect. This chapter summarizes main researchconclusions of this dissertation, points out several limitations of the study, and predicts someissues for further research.