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Research On The Civil Dispute Resolution Mechanism Related To Genetically Modified Products

Posted on:2013-09-25Degree:MasterType:Thesis
Country:ChinaCandidate:Q LiFull Text:PDF
GTID:2246330395488116Subject:Procedural law
Abstract/Summary:PDF Full Text Request
With the rapid development of genetically modified(GM) technology, theinvolvement of GM products in economic society life is extremely wide and profound.Its unique biological quality and inestimable market value provides unprecedentedconvenience and benefit to the whole human world, and also produces a considerableimpact to traditional social system, cognitive beliefs and structure of business becauseof the accompanying social relations newly formed. The appearance of typed patentdisputes and public tort leads the whole society to focus on the breakthrough oftraditional legal standard and the development of dispute resolution. At presentdomestic and foreign convention treats these kinds of patent disputes as traditionalpatent infringement,meanwhile the possible tort consequences involved diffusibleand massive benefit can be succored from collective lawsuit system or public interestlitigation system. The settlement of these two kinds of disputes almost relay on theCivil Procedure Law of people’s Republic China,and other alternative disputeresolution(ADR).But both legislation and procedure,have its limitations tosystematically and efficiently eliminate the blind spots, therefore increase growingdamage and cause the instability of social relations. Consequently, this thesis choosesthe innovation of traditional resolution of patent disputes, import of public interestlawsuit and orientation-strengthening of ADR to analyse. Thus, here is to attempt toprovide some individual improvements matched GM products, establishing a soundmechanism to eliminate the disputes of GM products.In addition to the introduction, the conclusion, this paper is divided into four parts.The first part provides an overview of the basic theory of GM products. First, thispart describes the emergency and development of GM products, to define itsbiological concept. With the combination of the technicalization, socialization andcommercialization of GM products to analyse, the key is to investigate the contactbetween the new social relations newly formed by its specifics and modern legalsystem.The second part studies on the civil procedure of GM products disputes.Researching on both its patent infringement and pubic tort, the author sets up two principles which are different from traditional legislation:scientific principle andpublic interest principle. According to the sequence of procedure, this part reformsand strengthens several legal institutions and theory:define and expand the range ofparties, flexible operation of burden of proof, the technological cement of thecollection and affirm of evidence, the basis of preservation system, disclosures andtimeliness of judgment and execution.The third part studies on the ADR of GM products disputes. Base on the importantfunction daily shows of ADR, it discusses the different proceedings and ideas betweenthe patent infringements and public interest tort related to GM. The management ofadministration, coordination of public organization and arbitration of intermediaryorganization, is appropriate for the former. And it is essential to protect the right ofsuit of parties, and keep the publicity and accuracy of the ADR procedure to the latter,and necessary limitations for social and country benefit.The forth part points out the dilemma and countermeasures of the presentmechanism of resolving the civil disputes related to GM products in China. Throughanalyzing the ternary resolution model, including judicial protection, administrationmanagement and social coordination, and the lack of mobility and authority of ADRsystem, it summarizes the defects when facing the disputes related GM products.Because of the basic target, to protect civil right, the part gives several suggestions tobalance national power allocation, and encourage the whole society to participate inthe procedure properly, to guarantee the information acquirement and to establish aflexible mechanism which is inherently just to resolve those typed conflicts.
Keywords/Search Tags:Genetically Modified product, Civil procedure, AlternativeDispute Resolution
PDF Full Text Request
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