Genetically Modified Products Studies Of Tort Liability

Since the1970s, the application of transgenic technology is becoming more and more widely, but the relevant safety controversy focused on genetically modified food, reason is very simple, the food is. In gm products research and production stage, the public will not direct contact with, so it will hold for inclusion or wait-and-see attitude, but once the product is put into circulation field, a series of transgenic technology and transgenic products research in reports of unsafe hidden trouble followed, people are hard to avoid can cause confusion for its safety. Legal challenges caused by the gm products, are one of the main content of infringement, the problem of special field of infringement, is directly related to the interests of the victim protection, and also related to the development of modern biotechnology progress. In view of this, as a last line of protection measures of public rights and interests, the law must make the authority of the response, for the rights and interests of potential damage to provide fair and reliable relief.This article from the background of genetically modified organisms safety, the system analysis of related concepts and the characteristics of transgenic product tort, on the basis of the constitutive requirements of tort liability about gm products, in the international and foreign legislative process of main countries and regions and relevant content carries on the analysis comparison at the same time, analyses the general situation of the study of transgenic product tort liability legislation and the defects, and puts forward some Suggestions to perfect, in order to the construction of genetically modified product tort liability system of our country play a reference role.The full text is divided into introduction, body and conclusion of three parts. The text is divided into four chapters:The first chapter, gm products overview of tort liability. The view of this chapter in order to protect the rights and interests of consumers and the particularity of tort, closely around gm products of genetically modified product tort liability related concept is defined, especially in the cognizance of causality and applicable aspects of imputation principle, to distinguish from the traditional tort. The second chapter, transgenic product tort liability of international legislation. This chapter through the introduction of the set of three main relevant international legislation background, content, and the insufficiency, clear international legislation survey, to find, which can be used for reference to the relevant domestic legislation and improve in line with international standards.The third chapter, genetically modified product tort liability of the domestic legal regulation and regional legislation. This chapter, the main representative countries and regions around the genetically modified product tort liability legislation, in combination with its basic national conditions and national attitude on the basis of the analysis of its legislation model and the insufficiency, provides reference for our country’s legislation and practice.The fourth chapter, the tort liability law framework about gm products and perfect. This chapter first introduces the general situation of the legislation for infringement of gm products in China, then analyzes the existing problems, and then combined with the analysis of the former three chapters, based on its national conditions, puts forward some Suggestions of perfecting legislation and relief system, especially in the two aspects of the choice of legislation mode and damage compensation system for genetically modified products in related legislation of tort provides Suggestions and effective remedy.