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On The Perfection Of China's Legal System Of GMOs From A Perspective Of Protecting Consumers

Posted on:2006-07-20Degree:MasterType:Thesis
Country:ChinaCandidate:T ZhouFull Text:PDF
GTID:2156360152970119Subject:Economic Law
Abstract/Summary:PDF Full Text Request
With the emergence and rapid development of the genetically modified technology and GMOs, the negative influences that GMOs might bring to human health, biodiversity and environmental security are gradually taking the world's attention. European Union and some other countries begin to carry out the required marker system to GMOs. But it offends the interests of those countries which taking America as their leader are supporting GMOs, there are arguments over the GMOs. In China, there are arguments over the advantages and disadvantages of the GMOs too. The safety of GMOs is a thorny matter that man has to face in the course of development. Legal means is undoubtedly the important tool and the sensible choice to control and answer the security risks of GMOs. A series of legal problems caused by the development and application of GMOs have been the subject bound up by this essay. From the perspective of protecting consumers' rights, the essay brings up the theoretical basis to legalize the rules of GMOs, that is, consumers are entitled to have the right to know. And on the grounds of the theoretical basis of the right to know-the theory of asymmetry of information, it defines "adverse selection" and "moral risk" caused by the serious asymmetry of information between the producer and the consumer of GMOs. Through the comparison of GMOs' legislative model of the United States and European Union, it analyses the present state and defects of GMOs' legislation in China. Though our present GMOs' laws and regulations are beginning to form into a system, the legislative level is still low. And there isn't a complete sets of flawless laws and regulations with high legislative level to offer full regulation of the genetically modified technology and GMOs from the whole bio-security and consumption security perspective. Especially the present GMOs' legislation work is short of unified guiding ideology , that engenders single value orientation to every regulation for management. So they can't coordinate well with each other. This essay raises some creative suggestions to perfect our system of laws on GMOs. For example, widening the concept of "product", specifying the content of the consumers 'right to know the GMOs, perfecting the regulation of GMOs' consumption security, etc. Through the analysis and verification of the relationship between the GMOs' consumers' right to know and the theory of asymmetry of information, it generalizes that the key to solve the arguments on GMOs and its legislation lies in the perfection ofthe right to know. Especially in China, only by further perfecting our GMOs safely assessment system, establishing perfect GMOs testing system, marker system and compensation for damage system, can we truly realize the consumers' right to know GMOs from its "birth" to its being consumed, and can we truly protect the consumers' rights. We can't reject GMOs like some other countries, we have to control it effectively and develop it orderly on the track of science and regulation.
Keywords/Search Tags:GMOs, the right to know, consumer protection
PDF Full Text Request
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