On Compensative System For GM Biotechnological Damage

With the fast development of GM biotechnology, there are disputes on bio-safety aroused by the application of it. The disputes focus on the two issues: the depletion of the ecology and the side-effect on the health. To insure bio-safety, precautionary principle is introduced to guide the development of the GM biotechnology. And principle of no-fault liability is the embodiment of it in confirming responsibility principle to confirm the person liable for environmental tort. But because of social value of GM biotechnology and the difficulty in confirming the person responsible for damages, principle of no-fault liability is not suitable for GM biotechnological tort. Nor can the traditional civil responsibility system and administrative compensation system provide victim with immediate and effective remedy. To balance the relationship between development and justice, social right to develop and individual right to life, intrageneration and intergeneration interest, responsibility of environmental tort is socialized, which has been the main trends in modern times, with lots of patterns worldwide. Among them, environmental liability insurance is popular, but due to protracted pollution and uncertain person liable, GM biotechnological tort is beyond insurance coverage. As supplemental of civil responsibility system and administrative compensation, fund for remedy is proposed to set up timely to bear the indemnity to victim and share the responsibility of the environmental tort, which is good for sustainable development.