Research On Agricultural Seed Industrial Policy And Legal Issues

With the development of economic globalization, many countries are increasingly competing in the international seed market to occupy a dominant position which is a new round of international competition. Seeds are essential materials for agricultural production and should be paid close attention. This study focuses on the agricultural policies and legal issues of China’s seed industry, and tries to construct a system to standardize the development of the industry. This paper also tries to offer advices to the related departments in making policies on the development of seed industry to promote the process of its modernization and internationalization.This study mainly involves five parts:First, basic theoretical research. Based on domestic and international research, this part will analyze the basic theories on the policies and legal issues of our agricultural seed industry, such as the "Industrial Policy and Industrial Policy Act","influencing factors, the value and function" of industrial policies, recycling law, and basic theories of economic law. Theories involved include market regulation theory, macro regulation theory, benefit theory, the theory of sustainable development, public goods theory, industrial security theory, the theory of market failure and government failure. Second, the status of agricultural seed industry on policies and legal issues. Through investigating the seed industry in eastern, central and western regions of China, the present condition of our seed industry is analyzed and the existing domestic laws, regulations and regulatory documents in this industry are clarified. The main legal problems of seed industry policies are identified from coordination of interests, the limitations of subjects, regional collocation, supervision and security system etc. Third, foreign reference. Foreign countries with well-developed seed industry policies like the United States, France, Poland and India are introduced to provide advices for the sustainable and healthy development of China’s seed industry. Fourth, the development and improvement of China’s seed industry policy. The basic structure of China’s seed industry policy is explored under the principles of focusing on key points, coordinated development and fair competition. Based on the draft of "Agricultural Seed Industry Development Policy","Germplasm Resource Management Implementation Regulations" is drafted to deal with germplasm management which is the key point of seed industry policy. Fifth, support for legal operations. Providing legal support to the policy development of China’s seed industry and improving the policy systems of agricultural seed industry which include the legal system, the technological innovation system, the market access system, the supervision and management system, and the risk control system, this paper establishes mechanisms and incentives to guarantee the good run of the industry and to ensure that our agricultural seed industry policies can be effectively implemented.Innovation of this study lies in detailed clarification and construction of the policies, laws and regulations of the seed industry. A three-dimensional space which is established on the main content of seed industry policy dimension, the industrial chain dimension and the industrial policy dimension is constructed to build the structure of agricultural seed industry policies. According to the frame of the structure, China’s agricultural seed industry development policy is drafted. In view of the fact that germplasm resource conservation is an important point of the development of the entire seed industry, the crop germplasm resource management implementation regulations are drafted.In conclusion, this study discusses on how to standardize current agricultural seed industry and how to construct the policy system of it through systematic analysis of the construction of the seed industry policy and of its legal protection. The purpose of the study is to draw the attention of related departments to policy-making of seed industry and germplasm resource protection, providing guidance to the sustainable and healthy development of agriculture seeds. Meanwhile, it also expects that the drafting of "Germplasm Resource Management Implementation Regulations" in this paper can provide a reference for future germplasm resource protection.