Studies On The GMO-Biosafety Legislation

With the development of GMO technology, more and more GMO and their products go out of the laboratory into the market, into everyday life. In the commercial course, cases and disputes about GMO and their products arise. The same time, the legislative level of GMO biosafety is low, the legislative technique rather rough, and can not meet the needs of real life. Moreover, mankind has not completely mastered the technique of gene transfer, and can not completely deny the existence of potential harm. Through the formulation of certain laws and regulations, on the basis of resolving the disputes in the realities, to prevent the potential harm is a wise move.This paper describes the hidden dangers of GMO first. Then on the basis of this, by analyzing the status of GMO biosafety in different countries, the paper gives several view points about our own legislation in GMO biosafety. In addition to the introduction and conclusion, the paper contains four main parts:The first part is a summary of the GMO biosafety. First, it explains the concept of transgenic technology, GMO and GMF. Then, it analyzes the safety problems of GMF, primarily in toxic, allergic reactions, resistance, and the composition of beneficial aspects, and the potential harm to the ecological environment and human health brought by GMO. The potential harm to the ecological environment mainly refers to the harm to the natural ecological environment and the agro-ecological environment. The potential harm to the human health mainly refers to the harm of GMF.The second part is mainly about the current international legislative situation of GMO security. First, it explains the advantages and disadvantages of the SPS agreement , the TBT agreement, the "Convention on Biological Diversity ", and the "Biosafety Protocol ", pointing out that the SPS agreement and the TBT agreement think more about the trade interests; the "Convention on Biological Diversity " more focuses on the protection of biodiversity and provides relatively little direct regulations in view of the safety of GMO; the precautionary principle , the prior informed consent principle , the principle of international cooperation of "Biosafety Protocol", bring good results to the prevention and control of GMO and their products. Then, it analyzes and compares the legislative situation of the European Union, the United States, Japan , Australia and other representative countries and regions, and finding out where we can learn from.The third part is mainly about China's current legislative situation of GMO security. It explains China's major overview and the implementation of the relevant laws and regulations, and analyzes the advantages and disadvantages of the legal systems. On this basis, the paper sums up China's shortcomings in the legal system, administrative management, and social deficiencies.The fourth part is mainly about several advices about our legislation on GMO security. We should establish specialized administrative department. In legislation, we should follow the principles, such as the precautionary principle and the international cooperation principle. Moreover, the paper thinks that we should establish five basic management systems: the mandatory labeling system, the open information system, the system of public hearings, the emergency management system and the process supervising system.