Study On The GMOs Damage Of The International Compensation Rules

With the rapid development of modern transgenic biotechnology, GMOs on biological diversity, ecological environment and human health that have significant and potential harmful affect have been highly concerned by the world. The safety legislation of international GMOs should benefit to the basic environment of the application of biotechnology and minimize the potential risk threatened to the environment and human.2000"The Cartagena Protocol on Biosafety" contiained GMOs international rules, however, GMOs damage rules that the basic rules of international compensation until2010, in Nagoya, Japan adopted the "The Nagoya-Kuala Lumpur Supplementary Protocol on Liability and Redress to the Cartagena Protocol on Biosafety"(hereinafter referred to as the "Additional Protocol"). The GMOs damage of the international compensation rules were guarantee and operational basis of the GMOs safety legislation. This paper described and analysised the international compensation rules from the persperctive of "Additional Protocol", and then discussed how to improve the GMOs damage of the international compensation rules. Besides, it thought that our country how to learn from the international compensation rules.The paper was divided into four parts. It begined with the basic definition of the GMOs damage, mainly elaborated the concept of GMOs and the connotation of GMOs damage and characteristics of GMOs damage. The second chapter firstly described the"Additional Protocol" to develop the background, then discussed the GMOs damage compensation rules in "Additional Protocol". The paper analyzed the shortcomings of civil rules, administrative rules and the application of a single infringement mode. The third chapter discussed how to improve the GMOs damage of the international compensation rules, pointed out that should improve the civil normalized principle, disclaimer subject and responsibility to restrict the rules, and explored the supplement of the compensation system. Finally, the forth chapter started from the situation of our supplement the compensation system, pointed that defects in our country. After learning from the latest international legislative provisions, this part explored that how to improve China’s damage of GMOs compensation system of legislation and how to improve operating mechanism of China’s GMOs damage compensation rules.