On The Tortious Liability Of Transgenic Bacteria

In recent years, with the rapid development of modern biotechnology, genetically modified organisms and their products on human health and ecological environment may adversely affect related news and examples of common, especially abroad frequently reported similar exposure and domestic large number of experimental studies have demonstrated time and again the safety of genetically modified organisms pushed to the cusp of public opinion. However, the current provisions relating to the safety of genetically modified organisms internationally only for the implementation of the actual situation in different regions, there is no common practice, involving aspects of genetically modified organisms tort unanimously say no more, but also did not put on such organisms and their products cause loss of the relevant provisions of tort liability and related theoretical studies China’s domestic sector and even fewer in the face of modern genetic engineering technology and its rapid spread derivatives, strongly urged the gorgeous specific management system and mode of introduction.The article places genetically modified organisms and their products tort liability as a starting point, combined with the US, EU, Japan, three kinds of national and regional security issues of genetically modified organisms to treat different approaches and institutional models, analysis of our current problems in this area, the causes of and follow-up Solutions.The first chapter, an overview of GMO infringement. This chapter begins by introducing the form of examples of proposed GMO widespread infringement of this phenomenon and the responsible person of practices and attitudes, in turn leads to the focus of this paper is seeking the argument- GMO infringement; and then from the perspective of the general theory of tort to be addressed for this emerging field of special tort were identified from causality, and other aspects of imputation principle applies.The second chapter, GMO tort legislation. This chapter mainly from existing legislation related issues raised above the level of analysis, different attitudes and opinions were cited US, EU, Japan three countries and regions, compared to our legislative practice, there is time to analyze our current GMO violations happen, but there is no formal way to address the causes and sources.Legislative level:It is recommended to develop specific legislative norms, additional specialized provisions in other existing laws; institutional level: It is recommended to improve the relief system damage, public interest litigation system and external supervision system.