On The Legal Protection Of Traditional Chinese Medicine Resources

Traditional Chinese Medicines recourses are the material foundation of the existence and the development of the Chinese medicine industry. It is also precious natural resources, which is an important link within ecosystem system that the mankind rely for existence. Reasonable protection and development of the Traditional Chinese Medicines resources is not only advantageous to the sustainable development of the Chinese medicine industry, but also advantageous to protect the diversity of living creature and the ecosystem environment.But the present condition of Traditional Chinese Medicines resources is not optimistic. The sustainable development of the Chinese medicine industry and the diversity of living creature face crisis and challenge. Recently, with the rising of global traditional medicine, our Chinese medicine business develops continuously; the need of Traditional Chinese Medicines resources is fast increasing. Because of the lack of reasonable development of the Traditional Chinese Medicines resources, some resources category has been excessively developed, which surmounts the reborn ability of Traditional Chinese Medicines resources. Many Traditional Chinese Medicines resources in common use reduce increasingly, some categories of which decline and even get close to the depopulation. These affected the development of the Chinese medicine business seriously, also bringing latent threat for the ecosystem environment. From the law aspect, the problem of the protection of Traditional Chinese Medicines resources is that the rank of the related laws is very low and there is not a law drawn up to specially protect Traditional Chinese Medicines resources. The phenomenon of the conflicts of the laws is very common, and the principles of protecting Traditional Chinese Medicines resources fall behind of the times. At the law system aspect, the existing law system return not sound enough, many important law systems has not been built up yet. Constructing perfect protection law system needs much more time. All these problem of law seriously affect the sustainable use of Traditional Chinese Medicines resources.Therefore, to change this reality that the law protection of Traditional Chinese Medicines resources is not very enough, we should systematically analyze the existing protection law system, tally up its successful experience and combining the reality of our country, draw up a unified law called 《Traditional Chinese Medicines Resources Protecting Law》 , and then sound the protective law system, change the existing protecting way of thinking. Under the leading of the principle of sustainable developing, we should establish the protective principle of Traditional Chinese Medicines resources and construct a perfect law system of Traditional Chinese Medicines resources protection.