Genetically Modified Product Tort Liability Legislation Research

Since the1970s, the GMO start out from the laboratory gradually been widelyused in agricultural production, food processing, various fields of health care andother essential for people daily life, in some areas, to achieve large-scale productionand industry popularization. Genetically modified products as a solution to the thornyissue of human food shortage, stubborn diseases provide new ideas, and bring hopefor mankind to overcome hunger and stubborn diseases. But the ensuing productsafety issues, especially product infringement the attribution and relief after the issueof compensation triggered people attention, the tradition of civil law, tort liability act,as well as the Environmental Protection Act, this can not be put forwardcountermeasures in transgenic product infringment this area the new ResponsibilitySystem and relief mode untapped.This paper cut, based on systematic analysis of the concept as well as geneticallymodified Infringement of features from GMO security background, demonstrated inthe legislative process with foreign countries and regions and relevant content GMOconstituent elements of the tort liability compared on the basis of analysis ofgenetically modified tort liability Legislative Research defects, and this presented aperfect proposal to play a reference role of GMO tort liability system. The paper isdivided into the following four parts:The first part，outline of the GMO tort liability profile. Cut from the perspectiveof the safety of genetically modified, on the transgenic several basic concepts,especially the core concept of the GMO tort liability analysis defined. Damagecharacteristics of the GMO analysis, a clear difference between GMO Infringement oftraditional tort damages, also pointed out that the realistic value of the three buildingGMO tort liability system.The second part，the comparison about GM products of tort liability legislationbetween China and other countries. By introducing international and foreign thetransgenic industries in developed countries in genetically modified field of tort liability legislation and practices, as well as on Chinese revelation. On this basis,combined with the status quo of Chinese legislature, the defects and shortcomings ofthe fieldThe third part，genetically modified constituent elements of the tort liability. Oneof the problems of the tort liability illegal element of the trade-offs confirmedexplicitly be excluded; Second Tort Liability Principle applies to be analyzed, therelationship between participants for each link, as well as with the victims, proposingto implement different from the principle of attribution; Third, the damage of the factsto analyze, in which the of infringement damages object private interest and publicwelfare coexistence problem into applicable awkward position, making the traditionaltort liability law for the purpose of private interest to protect, you must be perfect;Finally, in terms of cause and effect relationship, in turn confirmed the inversion ofthe principle of the presumption rule and the burden of proof of a causal relationship.The fourth part, legislative perfection genetically modified tort liability. For thedefects of the current GMO tort liability, based on the analysis of the constituentelements of the GMO tort liability, combined with the lessons learned abroad, shoulddevelop specialized GMO tort damages law and other relevant laws and modifyexplicitly the tort liability mechanism relief mode, and provides a guideline for GMproducts infringing damage relief.