The Research On Genetically Modified Products Torts

Applications of Transgenic Technology to agriculture and medical industrypresent not only the great hope to overcome the famine and disease, but also theenormous danger to health and environment. Transgenic Technology has such anenormous impact on the behavior standards and benefit pattern of the whole humansociety that it demands existing legal system to adjust accordingly. Legal issuescaused by GM products are mainly covered by Torts. The recognition of theinfringement and the allocation of responsibility in this specific realm, relates notonly to the benefit pattern of developers, producers, importers, distributors, growersand consumers, directly, but also the interests of the victim protection and thedevelopment of modern transgenic technology. This paper argues that the particularityof GM food infringement, mainly reflected in violation to the consumers’ right toknow. GMOs, especially genetically modified crops, mainly reflected in violation offarmers’ renewal of seeds rights, the increasing maintenance costs, publicenvironmental rights, in the growing process. This paper mainly discusses the tort lawproblems of the GMO (especially GM crops) and GM food, in the process oftechnology research and development, the environment release, industrializationcultivation, processing and sales,and reviews the major related parties, such asdevelopers, producers, importers, processors, sellers, consumers, the public andgovernment agencies in GM products infringement of mutual relationship, andresearch the balance mechanism between biological technology development andhuman security, between the private interest and public interests.This paper starts with a clear explanation of GM technology and related products.Then, putting the analysis to the present or possible infringement around GM productsas a matting, to reveal the special security problems on GM products, to show thesignificance of legal adjustment on GM products tort relations.The second part of this paper is about theoretical analysis of GM product torts.This part discusses the traditional infringement theory combining with infringementproblems of GM products, and putting the relevant administrative law, civil law,economic law and international law as the key point, and linked with actual case forsystemic, further exploration. Contents include:(1) thinking about related principle ofinfringement about GM products, especially criterion of liability, for setting a suitable tone for GM products tort theoretical analysis and legislation, which is a kind ofcriterion of liability combining with no fault principle and fault principle undernational conditions;(2) the cognizance of the specific responsibilities of GM productstort, it makes clear that the specific partners who are responsible for and the presentlaw can be applied in GM tort cases.The third part of this paper is about legislation to GM products in the field of tort.Because of its particularity and specialty, with the present situation on the law forGMO Safety, it is a suitable way, in practice, to legalize partly to GM products tort. Inthe guidance of the dispersive lawmaking mode, this part puts forward the legislationof detailed suggestions to five existing laws that are “Product Quality Law”,“TortLiability Law”,“Food Safety Law”,“Agricultural Genetically Modified OrganismsSafety Control Regulations” and “Agricultural Genetically Modified OrganismsIdentification Management Approach”, with the hope of providing some feasiblesuggestions for our country’s GM products tort and GM security legislation.Finally, it is with the emphasis on the importance of public participation at theend, because it is not only the government behavior to make laws, but needs morepublic participation, because the public is the final consumer and the undertaker ofsafety risk of the GM products.