Study On The System Of Access To Genetic Resources And Benefit-Sharing

With the rapid development of biotechnology, genetic resources have their increasing values.Because of their advance technology and fund, the developed countries plunder the geneticresources from developing countries madly, which is bringing challenge to not only ethics butalso legislations. The international organizations and many countries do theoretic researches andtake legislation practices on access to genetic resources and benefit-sharing. But there is not acommon realization about such questions between countries, even there is not a profound andsystematic research on these questions.Based on literatures and materials collected, by comparative analysis and inductive analysis,this dissertation introduces the achievements and practices which the international organizationsand various countries have already made, and explore the general principles and systems, andendeavors to work out certain effective methods and systems on access to genetic resources andbenefit-sharing in our country.The dissertation brings out "sovereignty principle", "stake-holders principle" and "fairprinciple", which consist of the basic theory on access to genetic resources and benefit-sharing.The dissertation makes a discussion over the mechanism of access to genetic resources andbenefit-sharing according to these three principles, which contain all aspects of access to geneticresources and benefit-sharing, including "total strategy", "administrative organization", "priorinformed consent", "agreed terms" and "benefit-sharing". Nowadays, there is most controversialabout benefit-sharing.The dissertation is divided into four parts as follows: Part one introduces the notions, thevalues, and current situations of genetic resources. Part two introduces the general principles onaccess to genetic resources and benefit-sharing. I have proposed "sovereignty principle","stake-holders principle" and "fair principle" and analyze the relation within them. Part three isabout the mechanism that contains "total strategy", "administrative organization", "priorinformed consent", "agreed terms" and "benefit-sharing". Part four points out some deficiency incontemporary pattern, and proposes some suggestions.