The Legal System Guarantee Of Biotechnology Uses

The science and technology is a " double-edged sword ", biotechnology is no exception, Modern biotechnology is a new developing technology, have characteristics , such as unity , efficiency , competitiveness , mathematics , risk ,etc, the application in such aspects as agriculture, medicine , energy , environmental protection .At present, Biotechnology has already demonstrated the enormous economic benefits, and there are wide development prospects, but at the same time the application of biotechnology brings some potential threats, for instance the questions , such as the question of security of living beings , social ethics ,etc, In order to ensure the sound development of biotechnology, must carry on the law to adjust and control , among them the most important thing is to strengthen the intellectual property right of biotechnology and legislate to legislate with the biological safety management.The thesis is in analysing that various countries' relevant biotechnology use the foundation of legislating and biological safety management legislation current situation of intellectual property right, have summarized the emerging legal question of the biotechnology field, and then analyse question and deficiency that our country exists while legislating, and propose that relevant perfection is proposed: In patent legislation, the patent law and checking that it is sure to respond that the guide has the development of biotechnology of our country, but in gene patent protection, it is replied that our country has not been very good yet, the construction of the relevant system is still under consideration, It is the task of top priority how to establish the system of gene patent protection, the thesis has put forward the suggestion on the setting-up of the gene patent protection system; In biological safety management law, the biological safety management law is a environmental legal system branch developed rapidly in recent years. Seeing that of our country national conditions , severe environmental state we face enter the WTO to of our country enormous challenge of agriculture, the government issued several biological safety management regulations promptly in recent years, thus set up the agricultural biological safety management regulation system of transgenosis tentatively in our country, and has established a series of biological legal systems of safety management, but China has not set up the intact system of the biological safety law yet at present, the subject matter existing at present in legislation of security of living beings of China is: Lack a biological safety management law taken the lead in, lack a set of sound regulation systems, lack the effective management system , has not set up and coordinated the unified hypervisor yet, the one demanding prompt solution at present is to make a " biological safety law ", and under the guidance of " safety law of living beings ", strengthen the laws and regulations systemconstruction of the security of biological, Some last contents of the thesis are analysed about purpose , aim , guideline that the biological safety management of our country legislate, and put forward the suggestion on the perfection of the relevant legal system.The thesis is not briefly discuss the biotechnology uses,but make every effort to combine the law science theory with biotechnology theory , offer the legal system guarantee for the thing that biotechnology is used. This proposition involves biology , environmental resources law science , law science of the intellectual property right environmental ethics , administration to study etc. multi-disciplinarily, have a characteristic of controlling multi-disciplinary theory and knowledge under study for action. On the research approach , pay attention to the combination of thoery and practice , analyse about the realistic problem, pay attention to drawing lessons from, studying the new achievement studied abroad, hold the development trends about biotechnology law in an all-round way, carry on the comparative research that domestic and internationa...