Research Of The Legal System Supervision To Environment Caused By Genatically Modified Organisms In China

Since the year of 1996, during this period the first genetically modified organisms have industrialised in the world, the production of the genetically modified organisms is planted and has been popularized rapidly in the whole world. The industrialization of the genetically modified organisms is over ten years, no matter the quantity , the scale or the varieties have developed at full speed. However, scientists predicted that" the 21st cenntry will be the century of biotechnology", at the same time Danaidae events, Pusztai events in Scotland, Canada's "super weeds" event, Mexico's corn pollution incidents as well as BT cotton damage to the environment incidents in China have successively happened in the few years, which make people pay more attention to the the risks of transgenic technology. While t either he issue of test reliability of these events or the fact that there is insufficient evidence were later confirmed, but strengthening the supervision of environmental safety of genetically modified organisms and the pursuit of realizing the development of science and technology is the eternal pursuit of the goal, and also just the value of science and technology, it is a rational demand that the human studies and popularizes the genetically modified organisms even more.From the vision of scientific and technological justice and ecological civilization, this paper establishs and improves the legal systems of our the environmental safety supervision of genetically modified organisms by combining with the problems .Particularly in the supervision of the legal system level, from the high of scientific and technological justice, the depth of the ecological civilization, the width of the rational supervision, the density of the regulatory relief, the paper omni-directionally argument and put forward the idea that the biological environment of transgenosis of our country supervise the legal system safely, in order to adapt to the need of scientific and technological justice and the construction of ecological civilized society. For this reason, this text mainly describes from the following several respects.First of all, from economic theory and legal theory of the environmental safety supervision of genetically modified organisms, it is essential to analyse the basic theory of the environmental safety supervision of genetically modified organisms. Analysis of levels of economic theory starts at three levels from asymmetric information theory, transaction cost theory, theory of public property. Analysis of levels of legal theory starts at four levels from the right environment, the macro-control theory, the interests of equity theory, the harmonious development of the theory, which has laid a theoretical basis for the study on the legal system of our genetically modified organisms environmental security supervision.Secondly, through analysis on the environment of genetically modified organisms safety supervision system of international legal texts and the legal system in United States, European Union, Japan, Australia in a rational manner, we conclude the characteristics of the foreign environment of genetically modified organisms safety supervision system, which is the legal system with an integrated, coordinated monitoring of the main body, independent of the operation of regulatory powers, the main diversification of regulatory responsibility, optimizing the resources and equipment in monitoring, which provide a useful reference for the establishment and improvement of the environment of genetically modified organisms safety supervision legal system.Again, through the consideration of China's existing environment of genetically modified organisms safety supervision system, we search for the plight of operation from the perspective of surveying. Combining with the analysis of political, economic, social and cultural factors, we evaluate in depth successful gain and loss and experience and lessons of the the foreign environment of genetically modified organisms safety supervision system, providing power for the structure of our environment of genetically modified organisms safety supervision system.Finally, discussing the regulatory way and institutional framework of our environment of genetically modified organisms safety supervision system. From the system idea, system principle, concrete legal system question of the environment of genetically modified organisms safety supervision system, setting up the "four-in-one" mode of ecological regulation, including the main regulation of the legal system, legal system of risk prevention, regulatory responsibility and regulatory relief and so on, in the hope of guaranteeing the development modern biotechnology, reflectting transgenosis biological technical development and lasting tension with safe environment.