Study On Regulating Of Laws Of GMOs Biosafety

As a starting point of the definition of GMO biosafety, the thesis discusses systematically basing on law how to perfect the regulating law of GMO biosafety in China, combining the knowledge on bioscience and environmental ethics and administration management, using some analytical methods of value,comparing,history and positivism.Starting with some terms correlative to GMO biosafety, the thesis analyzes the definition of GMO biosafety and relatively essential theoretics. The thesis points that GMO Biosafety is a term used to describe efficacious escaping from the potential risks resulting from GMO and its products and the redress of the damage resulting from GMO and its products. The thesis also expounds the groundwork of validity of ruling GMO biosafety field, analyzing the precautionary principle as the golden rule of the laws correlative to GMO biosafety and the confliction and equilibrium between different law values in the laws correlative to GMO biosafety.And then the thesis analyzes the actuality of the regulating of GMO biosafety at home and abroad. It points out some differences in relative legal systems between EU and USA and why EU and USA have those differences. It evaluates the gain and loss of the Cartagena Protocol on Biosafety. It also introduces accordingly the situation and defects of Chinese legal systems about GMO biosafety.On the basis of referencing the foreign successful experiences, the thesis put forward some opinions about legislation purpose and legislation range and legislation orientation of Chinese legislation about GMO biosafety. It suggests China using legislation mode mixed the horizontal mode and vertical mode. Precautionary principle should be thought as the only basic principle of Chinese relative laws. And cooperation principle,PPP principle,international cooperation principle should be just considered as secondary law principles instead of basic principle. Chinese some relative systems should be innovated, such as GMOs identification system,GMOs safe evaluating system and GMO biosafety legal liability system. Moreover, GMOs public system and non-GMOs identification system should be created.Comparing with the traditional pollution, the gene pollution is a kind of covered, progenitive, inseparable pollution with uncertain consequence. The thesis constructs the system of civil compensate for environmental damage resulting from gene pollution in some aspects, such as liability principal, constitutive requirements, compensation principle, compensation range, compensation mode and certification of causality. The thesis thinks that some rules from traditional environmental tort should apply to environmental tort resulting from GMOs, including no-fault liability, inferred causality and the inversion of the burden of proof. The thesis indicates China should found the funds for prevention of gene risk and create the system of funds for prevention of gene risk in some aspects, such as the mission of funds, resource of funds and operation of funds. As two correlative systems of the funds for prevention of gene risk, gene taxes system and compulsory liability insurance for GMOs should...