Comparative Study Of The Damage Compensation System In The Biosecurity Act

At the beginning of the21st century, while biotechnology is developing rapidly,a variety of negative issues which hide in the process of the biotechnology industryare arising, such as benefit-sharing of genetic resources, intellectual property rights,genetically modified organisms and genetically modified food hazards, biologicalinvasions and the threat of biological terrorism，and the bio-security issues is one ofthem. Biological resources security, biotechnology safety and the prevention ofinvasive alien species in bio-security issues become prominent in the field ofnon-traditional security issues, which pose a serious threat to human health andecological safety. Under such circumstances, the countries of the world are takingmeasures and searching evolvements actively to develop their biosafety legal systems.In the field of biosafety, the international community is taking positive efforts toexplore the problems. With the help of deeper research and more regular system, theperfect systems on biosafety have already established. The risks against the system,information exchange system, the benefit-sharing regime, the rights protection system,trade regulation system have been gradually mature. But the damages problem occursafter the risk, such as the main responsibility for the compensation program, financialsecurity, the implementation, to be addressed from a legal perspective have not yetreached a consensus.For the legislative system and the law enforcement system are still imperfect,and the supporting system is lack of effective support, the damage compensationsystem which as an important guarantee for the smooth implementation andimplementation to biosafety law has become the most undeveloped system in theBiosecurity Act, especially to China. The target of this paper is to draw lessons fromexisting biosafety damages mechanism of the international legal system and principles,foreign advanced damage compensating system on biosafety, and to analysis thetheoretical basis, the development direction of the strengths and weaknesses ofadvanced foreign legal system, which could be used to establish our own damagecompensating system. And through the analysis of papers to make our country’sstudying of damage compensating system of biosafety perfect.This paper consists of five parts, including of preface, the jurisprudenceintroduction, the study of international law, the country-specific approaches of thedamage compensating system on biosafety, and the situation and respond of China. Inthe part of preface, the paper defines the papers’ topics and issues of research. Thefirst chapter introduces the concepts, principles and history of the development of thedamage caused by the bio-security issues. The paper gives an interpretation onconception and composition content of damage compensating system. The secondchapter comments on the current situations of studies on biosafety’ damagecompensating system, which involves several important international treaties. There are two important treaties we concern more—The Cartagena Protocol on Biosafetyand The Nagoya–Kuala Lumpur Supplementary Protocol on Liability and Redress tothe Cartagena Protocol on Biosafety. Then the author explains five special points ofthe damage compensating system on biosafety. They are the mechanism aboutcompensate subject, compensate amount, limitation of liability, financial guaranteeand claims procedure. This section mainly draws on the relevant documents of thetwo legal systems, including:(a) system of CBD;(b) system of WTO. The thirdchapter giving a concern on the constructive principles and the advanced nature of thelaw, and sum up the characteristics of countries, through the analysis of damagecompensating system on biosafety and classical cases of U.S., EU and Japan. Thefourth chapter discusses the status and absence of damage compensating system ofour existing legislation as well as enforcement, and put forward correspondingcountermeasures and suggestions.