Study On Legal Issues Related To Pollution Infringement Of Transgenic Crops

In the rapid development of science and technology in the21st century, human indeepening the study of genetic engineering, constantly breakthrough the limitation ofmany technical bottlenecks, has obtained the remarkable achievements of science andtechnology. With the continuous scale of transgenic technology and industrialization, andworldwide, the planting area of genetically modified (gm) crops expanded year by year,genetically modified (gm) pollution problem also gradually appear from country tocountry, and the tort liability, caused heavy losses, shall we how to deal with relief, therehave been relatively mature in the related fields of foreign research and discussion, but inthe domestic study of this problem is still relatively weak. Based on the gm technology isquite strong professionalism, the current research is mainly focused on technology, systemresearch of tort liability does not see more, left a relatively large space exploration to thefuture generations.Therefore, this article will start with the platform of genetically modified organismssafety issue, genetic pollution present situation as the breakthrough point, on the basis ofbrief introduction of the transgenic technology related concepts, combined with thetraditional tort theory of genetically modified (gm) crops pollution the special tort liabilityimputation principle and the constitutive requirements of system analysis, comparisonanalysis method, reference to major foreign countries and the area is relatively perfect andmature law, analysis of our country at present, combined with their own characteristics,puts forward a set of theory system suitable for China’s national conditions, think thatsolve the problem of pollution tort genetically modified (gm) crops in the future to provideeffective relief way and the thinking to deal with problems. This paper mainly includes thefollowing four parts:This paper begins with the first genetically modified organisms safety problems asbreakthrough point, combined with the current development status quo of geneticallymodified (gm) technology, the transgenic technology related to the concept of theprofessional and technical strong, concise elaboration, for the following analysis of genetically modified (gm) crops has produced or may cause infringement problems onbedding, which leads to the biological security problem and genetic pollution, and a briefintroduction to the famous foreign related case, to reveal the significance of the researchof transgenic crops pollution tort problem.The second part, the paper touches on genetically modified (gm) crops pollution tortprinciple of rules. Principle of the rules, the relationship to the next problem of geneticallymodified (gm) crops pollution tort theory of the constitutive requirements of the premiseof analysis may have a relatively scientific and appropriate tone. Namely, outsidethroughout the pollution tort imputation principle of genetically modified (gm) crops, onthe basis of the relevant provisions of the our country concrete national condition, for eachlink between the participants, and the relationship between the victim and put forward aprinciple of distinguishing rules, which apply the principle of no-fault liability and theprinciple of fault liability principle of combining the rules.The third part of the article is about gm pollution tort liability problem analysis of theconstitutive requirements. This part in the traditional tort theory combined with theparticularity of genetically modified (gm) crops pollution tort problem, from theconstitutive requirements of tort liability analysis related specific problems of pollution ofgenetically modified (gm) crops illegality, damage, causality and liability four parts todiscuss, first, the choices of illegality of the tort liability problems were analyzed, andclear to them to be ruled out; Secondly, analyze the damage fact, discussion of this partwill be directly related to the damages of followed; Thirdly, in terms of causality, willexplore suitable for genetically modified (gm) crops pollution tort of causality theory andcausal relationship types, should belong to determine causation presumption and theburden of proof inversion principle; Fourthly, before about responsibility based on theanalysis of the form to confirm the responsibility of the different main body shall bear theresponsibility and the size of a share of responsibility between different subject.Finally at the end of the article will be mentioned for genetically modified (gm) cropspollution and other relevant rules of tort liability principle and component of the basis oftheoretical analysis, combining the beneficial experience of abroad, put forward aboutsome advice to perfect the genetically modified (gm) crops pollution tort liability, from the perfect responsibility mechanism, perfect the legislation and compensation relief systemlevel without angle analysis, to achieve effective for genetically modified (gm) cropspollution tort compensation and offer some possible ideas.