The Study On Legal Protection Of China's Hereditary Resources

Hereditary resources are the important component of bio-diversity, and the panhuman valuable wealth. The forming of hereditary resources have recorded down the development and evolution course of all living creatures with the superior selected, the inferior eliminated, and the survival of the fittest on the earth. The utilization of hereditary resources has seen both the rapid development of human society and science and technology, and destroying of the living resources without mercy. The hereditary resources protection concerns not only the modern's interests but also determines directly the future and development of the earth living resources, which concequently would influence descendants' living space. Chapter one defined the hereditary resources and its economic value. The present thesis proceeded with the definition of hereditary resources at first. On the basis of the comparison of hereditary resources'definition in the international organizations, some typical countries and China, the scope of hereditary resources has been identified and explored. Afterwards, some characteristics has been introduced, such as, the continuity , non-renewability , duplication and regional characteristics. What's more, analysis has been given on commodity use value, ecological function value and ethics value that hereditary resources present. With the development of biotechnology, the value of hereditary resources has already gone greatly beyond the range with diversified hereditary information. it is represented as the function and rareness of the gene information, namely, the information of the hereditary code. Chapter two, concerning the challenge of hereditary protection of resources to the biological technological advancement, is launched from the following four aspects: First, the challenges of the ethics value of hereditary resources to human's legal subject status; Second, with the deep changes taking place in the international relations, sharp contradiction has been presented between the developed countries and developing countries; Third, the biological technological progress has caused a series of questions on security of living beings; Fourth, the challenge faced by the individual civil right system. Due to the characteristics of hereditary resource, the sharp contradiction is caused in order to clarify the right correlated with hereditary resources, first of all, we should know which intermediaries there are in hereditary resources system, and whoes interests have been involved. Chapter three talked about the relevant rights in the course of hereditary resource interests sharing. On the basisi of the analysis on the intermediary of the hereditary resource system: Provider of hereditary resources; Collector and preserver of hereditary resources; Research institution; Researcher of the achievement and the person using the beneficiary of the research achievement, some rights has been discussed, such as, the right of approval and prior acquisition in the knowing of the hereditary resource, personality right , biological technical patent and new variety plant right correlated with hereditary resources. Chapter four related to the hereditary resource protection system in international law. The focus was the introduction on the protection measures, cooperation and conflict of the bio-diversity convention and TRIPS agreement in hereditary resources protection. It's been pointed out that developing countries should improve and complete the management system of hereditary resources through the internal legislation while seeking actively the international equality. Only if the international convention has been turned into the domestic law that can be carried out, the goal of hereditary resources protection could be really achieved. Chapter five emerged the thinking on China's hereditary resources protection. It firstly introduced the origin of the thoughts on China's biological resources protection, then analysed current situations in China—the running off of a large number of hereditary resource. Finally with the explanation of the legislative defect of China's hereditary resources protection, the countermeasures of the legal protection of China's hereditary resource have been proposed.