The Research On The Access To Genetic Resources And Benefit-Sharing Law System

With the rapid development of biotechnology, genetic resources as an important strategic commodities, not only play an important role in solving the food, health and environmental issues, but also have tremendous economic value in commercial use. Therefore, genetic resources has become a target of fierce contention, and has caused the spread of biopiracy. How to protect genetic resources has become a new topic that brought to legal field by modern scientific and technological development. The establishment of the access to genetic resources and benefit-sharing system is one of the important ways to protect genetic resources; therefore, this system has seized great attention of law experts both at home and abroad. The deep research and study in the access to genetic resources and benefit-sharing issues is not only of great theoretical value, but also has far-reaching practical significance.Genetic resources are genetic materials and the genetic information that carried by them. Because of its scarcity and uneven distribution, developed countries that have advanced technology are plundering developing countries that are rich in genetic resources, and then lead the biopiracy problem.In order to stop biopiracy effectively, developing countries must make reasonable and specific regulations for the ownership and usufruct of genetic resources on the basis of firmly grasping their own signory over genetic resources, meanwhile, they should also make a series of laws to regulate the access to genetic resources and benefit-sharing system according to their situation. Therefore, most developing countries in order to protect their own rights and interests as providers of genetic resources, all emphasis on the countries' dominant position in the access to genetic resources and benefit-sharing , and choose the mode of controlling the access to genetic resources and benefit-sharing system by law , while most developed countries chose the private law control mode which emphasis on access and benefit-sharing providers and users' autonomy and freedom of contract because of its strong biotechnology and market economy. These two modes are not mutually exclusive, for biological resources are relatively abundant, facing serious "biopiracy" countries, the adoption of the "law-based control, private adjusted to support the integrated control mode is the best way to solve the problem of the access to biological resources and benefit-sharing.China's vast land and rich genetic resources, in recent years, we suffered a lot of biopiracy issues. Overall, China's access to genetic resources and benefit-sharing system design still at an early stage, especially in management and specific legislative system, there is a clear stylistic deficiency. Therefore, vigorously protect genetic resources from other countries with experience, and constantly improve our country's genetic resources control law, to ensure the safety of our biological resources, rational use and sustainable development.