The Legality Of The Inspection Of Genetically Modified Products On The Basis Of SPS

Applications of Genetically Engineering to agriculture and medical industry presents not only the great hope to overcome the problem of famine and disease, but also the great potential dangers to environment and health. Genetically Modified Product is such a model produced by modern bio-technology. Modern bio-technology has such an enormous impact on the whole society that it demands law to adjust accordingly both in domestic law and international law. So, research on the law this field has become an unavoidable task and challenge.With the expanding surface areas of planting Genetically Modified Product(GMP), people increasingly worry about the security of such products. Thus several countries all choose to conduct trade measures concerning on the GMP to protect their citizens' life and health as well as the environment. The implementing of such measures arouse the discontent of such countries exporting GMP. And these countries with America as a representative maintain that these measures like obstacles in international trade deprive their expectant profit from WTO. This article analysises the requirements of SPS for such inspection of a certain GMP:principle of international harmonization, principle of scientific evidence and risk evaluation,principle of due determination of sanitary protection level.It is the SPS Agreement's ultimate aim and pursuit to keep the balance of safegarding the sovereignty of each member state to enforce health protection and realizing free trade at the same time.Then this article introduced trade realted measures in Cartagena Protocol on Biosafety refer to measures taken by the Contracting Parties under the protocol trades of living modified products resulting from modern biotechnology,and compare it to the SPS Agreement.At the end of the paper,this article poses suggestions of how to perfect the inspection of GMP in China.