Research On The Legal System Of Conservation And Utilization Of Agricultural Genetic Resource In China

China has 7,000 years of history of agricultural cultivation. Farmers have cultivated and breed a large number of cultivated plants and domesticated animals. So, the agriculture Biological diversity in China is abundance. These cultivated plants and domesticated animals are not only originated in China but also China still retains their wild prototype and a large number of related species. With the rapid development of biotechnology, the value of agricultural genetic resources gradually been paid more attention, but this underscores the value of the symbiotic system between demand and supply system had a serious imbalance. In terms of the conversation of agricultural genetic resources, agricultural genetic resources can only be simple protected as biological resources because lack of conversation system of agricultural genetic resources which not only make some agricultural genetic resources with great value become extinct in the natural evolution, but also underestimate the Influence of the human destruction of biological resources to agricultural genetic resources. In terms of the utilization of agricultural genetic resources, on the background of great demand of agricultural genetic resources which called "green gold", because of lack of appropriate use of mechanisms, leading to "bio-piracy" phenomenon rampant and great loss of agricultural genetic resources and affect our economic security and food security. In addition, the value of agricultural genetic resources have not been reflected because lack of use of agricultural genetic resources which caused a great loss to national economy by regarding agricultural genetic resources as a kind of biological resources.As a strategic and fundamental resource in China, Agricultural genetic resources are very important to our economy. It is significant to research the conservation and utilization of agricultural genetic resource in China under the background of ecological civilization. This study focuses on the development trend of ecological laws to form the legal system of conservation and utilization of agricultural genetic resource in China, conforming ecology, environmental resources, ecological ethics, economics and other disciplines of knowledge. This study analysis the relationship between agricultural genetic resource rights and intellectual property rights, community property rights and traditional resource rights and the subject, object, content of agricultural genetic resource rights by learn and absorb in the legislative practice of agricultural genetic resources conservation and utilization in foreign countries.In the field of the protection system of agricultural genetic resources, we must adhere to the concept of "protect biological resources equal to protect agricultural genetic resources. The focus of the protection system of agricultural genetic resources which is agricultural genetic resources is belongs to biological resources. Under the framework of our existing public management law of biological resources, in order to form normative legal system of outside environmental protection of agricultural genetic resources in China, we try to strengthen interface between the protection systems of agricultural genetic resources and biological resources systems and the utilization systems of agricultural genetic resources by establish property system, collecting and trading system, management system as the main line system.In the field of the utilization system of agricultural genetic resources, we must adhering to the concept of "to use to promote the protection" to raise the property rights system of agricultural genetic resources and analysis intellectual property rights of agricultural genetic resources and formed a system of agricultural genetic resources utilization which regard the construction of agricultural genetic resource rights as focus, regard the access and benefit-sharing system of agricultural genetic resources as principal part, regard the tracking system and trace system and the right relief system as parenthesis. The content of agricultural genetic resources utilization system included the prior informed consent, mutually agreed terms, benefits types, intellectual property rights, benefit distribution system, model contracts, government regulation, benefit-sharing system, biological diversity fund and the relief system of agricultural genetic resources right.There is an independent but interrelated relationship between agricultural genetic resource conservation system and agricultural genetic resource utilization system. This study maintained the independence between agricultural genetic resource conservation system and agricultural genetic resource utilization system through constructed those. And this study ensured and strengthened interface between those through defined specific requirements on their specific system according to different circumstances. In order to develop the production, life and ecology well, we must eventually established a complete system between the agricultural genetic resources conservation and agricultural genetic resource utilization by interfacing well between agricultural genetic resource conservation system and agricultural genetic resource utilization system.