Research On Legislation Of China's Agricaltrual Genetic Resources

A gene can affect a nation's economic lifeline, and one species is related to country's development. As human deepens the cognition of the economic potential of wild animal and plant genetic resources, especially for those endangered species, national agricultural genetic resources have draw attention all over the world. China is one of countries with richest biodiversity and one of the most important crop birthplaces on the world, which is the original place of many endemic live-stock, poultry and fish. China is not only rich in agricultural genetic resources, but has the world-famous Chinese traditional medicine and its related knowledge in the development and utilization of agricultural genetic resources which is valuable creative resources for related industries. However, the imbalance and lack of legal system led to an abundance of natural loss and man-made erosion in the conservation and utilization of agricultural genetic resources.As strategic and fundamental resources, the loss of agricultural genetic resources will affect economic and food security. The critical reality warns us to step up legislation on the protection of agricultural genetic resources. Based on this background, this research is intended to the legislation in the conservation and utilization of agricultural genetic resources in the context of ecological civilization, focusing on the trend of the ecological tendency towards law. The research incorporates ecology, environmental resources, biological protection, economics and other disciplines of knowledge, intending to analyses the overall situation of agricultural genetic resources in the process of conservation and utilization, the current condition of legal system in conservation, and the difficult position and causes in the legislation of agricultural genetic resource. Based on the lessons from the legislation of genetic resource in agriculture and the investigation of legislation in relevant countries and international organizations, we will put forward the legislation on agricultural genetic resource as reference.On the aspect of theoretical basis in the legislation of agricultural genetic resources, this study defines the meaning and classification of agricultural genetic resources. Through the understanding of the value and characteristics of agricultural genetic resources, the study discusses the legislation necessity and feasibility in our country currently, based on the review on the overall situation of agricultural genetic resources in conservation and utilization.On the background of legislation in agricultural genetic resources, firstly, this study analyzes the legal status of agricultural genetic resources conservation and usage, and summarizes experience and lessons from the existing legal norms in decentralized management of agricultural genetic resources conservation and utilization, based on which puts forward those problems should be given attention to in agricultural genetic resource legislation. Secondly, the study examines extraterritorial legislation of national and international organizations related to the situation and practical effects, summed up the trend of international legislation and agricultural genetic resources conservation and utilization. The investigation of legislation and its practical effects in these countries makes it clear of the advantage and disadvantage of different legislative patterns and forms on genetic resource, which can provide us reference for China's legislation on agricultural genetic resource. Finally, the study on the plight and its reasons of China's current agricultural genetic resources legislation helps to recognize the important and difficult issues and define an exact direction for China's agricultural genetic resource legislation.