Studies On Legislation Of Biological Genetic Resources

In the progress of material civilization, on one hand, human beings have anincreased demand for genetic resources, on the other hand, are faced with the loss of alarge number of biological genetic resources. The biological genetic resources becomescarce resources, and there is conflict when human make use of genetic resources,because that the content of genetic resources in the developed countries is poor while inthe developing countries is rich. It is because of the lack of legislation，China is facingthe threat of all the issues above.In order to change the situation, some developing countries which have particularlyrich biological genetic resources, such as India, and some biological genetic resourceslegislation relatively well-developed countries, such as Australia, etc, have adoptedlegislation to establish national biological genetic resources protection legal system andmanagement system. These systems include legislative basis, legislative mode, andlegislative concern, improving and creating operating mechanism.China still faces various difficulties and problems although China has activelystrengthened the protection, use and management of biological genetic resources. Such asthe lack of specialized laws and regulations on conservation and management ofbiological genetic resources, and the lack of maneuverability in the existing laws andregulations, and not yet conforming to existing international rules and so on. Chinashould learn from international experience in legislation and combining with the situationof China to establish the principles which include Chinese national sovereignty onbiological genetic resources and sustainable development and fair benefit-sharing, etc.Firstly consider establishing a special legislation on access to genetic resources andbenefit-sharing, in order to form a complete system of comprehensive legislationgradually. Chinese specific legal system construction of biological genetic resourcesmeans to establish the mechanism on access to genetic resources and benefit-sharing, tostrengthen the monitoring and evaluation of biological genetic resources, to establishmechanism to prevent the invasion of alien species.