Research On The Legislation Of The Biosafety Of Transgenic Organisms

Faced the problems about biosafety of transgenic organisms which is caused by transgenic technology, all countries and international organizations strengthen the legislation to control it. In China, we have also made many laws, but still can not keep up with the development of this technology. So we should combine the reality condition continuously, strengthen the theories research about the legislation of the biosafety of transgenic organisms.The first part of this article introduced the development of the transgenic technology and the problems about biosafety of transgenic organisms in detail. At first the author defined the transgenic technology, described its creation and development. The author think that the transgenic technology, is the technique that to change the gene by transplant other genes or change the heredity materials of itself. This technique originated in 1960s and 1970s, it got a substantial development in all countries because of the huge economic benefits. When it comes to the problems about biosafety of transgenic organisms which caused by transgenic technology, the author analyzed from two aspects, the harm to the nature and the human society. As for the nature, the transgenic technology does harm to the gene itself, damaging human being's health and breaking up the balance of the entire ecology system in the end. As for the human society, the transgenic technology may break up the existing order of the human society, striking the traditional ethic concept.In the second part, the author talked about the theoretical basis and the realistic sense of the legal regulation to the biosafety of transgenic organisms. Faced the problems about biosafety of transgenic organisms, all countries and international organizations regulate it with the legitimate method. The author wanted to search causes to the legislation of biosafety of transgenic organisms from two aspects, the theoretical basis and the radical sense. As to the theoretical basis, we can study from the law, economics, ecology, and ethnics, namely the ecology-safety concept in law, exchange-cost theory in economics, ecology rules in ecology and the traditional ethic concept in ethnics. As to the realistic sense, to push the study and development of the transgenic technology and make it marketable, as well as to secure country interest, the legal regulation to the biosafety of transgenic organisms is necessary.In the third part, the author observed the legislation of the biosafety of transgenic organisms out of our country such as the US, EU and Japan. The author introduced the state of their legislation of biosafety of transgenic organisms nowadays, discerned their differences and searched the according reasons. The author believed that these legislations are representative of three kinds of patterns about the legislation of the biosafety of transgenic organisms nowadays, namely the loose pattern, strict pattern and the median pattern. While this is only the appearance, it is the differences in the society, history, economy, culture background, ethic concept and religion belief among them that make they choose different patterns.In the fourth part, the author looked at the state of the biosafety of transgenic organisms in our country nowadays, analysed the problems and pull out some suggestions. Though the biosafety of transgenic organisms in our country started late in 1980s, its scale grows much larger. But I believe that in comparison to other countries, the legislation about the biosafety of transgenic organisms still own many problems such as lag in legislation, low validity, narrow regulative scope, unscientific regulation system, unenforceable measures. First, with 20 years of development, there is not a complete'Law about Biosafety of Transgenic Organisms'. Second, the regulative scope of the biosafety of transgenic organisms is comparative narrow, limited in the area of the agriculture only. Further, legislation highlights only the harm to human being's health and environment, but can not control the problems of society, ethic and so on. Third, the regulation branches about biosafety of transgenic organisms are so many that it may results in the conflicts among each branches. Further, the measures used most frequently is still the administrative ones; there is no scientific foreseeability for the secure measures.On the basis of the analysis of today's legislation and the problems existing, I give out some suggestions. First, we should establish the legal system about biosafety of transgenic organisms. Some plans about biosafety should be laid out, synthesis'Law about Biosafety of Transgenic Organisms'and many other regulations should be gradually set down. In addition, the new'Law about Biosafety of Transgenic Organisms'can not highlight the regulation about the damage to the human being's health and environment, but also the problems of society, ethic and morality resulting from it. Second, fundamental principle about the legislation should be laid down clearly. Basing on the circumstance of our country, I believe that the fundamental principle about this law should be risk keeping away principle, other principles deriving from it. Based on the fundamental principle, all the regulations about biosafety of transgenic organisms should spread around it. Third, scientific regulation system of supervising should be set up. The system should combine the united supervising regulation and the departments'respective responsibility, central supervising and local supervising, administration supervising and public joining. It is only one department that should exert united supervising regulation power, and harmonize the biosafety of transgenic organisms regulation work of each department and each government. As for the regulation method, we should change the way that governments deal with everything, and intensify company's duty and civil rights. As for the construction of institution, we should set up a serial of institution about legislation about biosafety of transgenic organisms, keeping away the problems about biosafety of transgenic organisms as far as we can.