A Study On The Legal Protection System Of Consumers’ Right Of Information On Genetically Modified Food

With the release of No.1 Document of Central government in 2015, the launch of science popularization about genetically modified(GM) technology has been put on the agenda for the first time, which becomes a beneficial exploration and attempt for the protection of consumers informed choice for GM food. As a product of the booming biological technology, GM food has been beyond the boundaries of traditional food. Its future development is positive and sustainable. GM food plays an important role in prospering consumer market, improving people’s life and solving the food shortage problem. However, the uncertainty of its safety results in different public policies and legal regulation in different countries. Different cognizance about the safety of GM food inevitably leads to different attitudes from proprietors, consumers and regulators.Meanwhile, limited by the factors of information asymmetry, incomplete laws and regulations, imperfect supervision system and unregulated market trading, the process of consumers’ independent choice of GM food is severely damaged. And also the right infringement occurs frequently. As a fundamental right for consumers to get information about GM food, right of information is not only the precondition of implementation of other rights, but also a necessary condition for consumers to participate actively in national political life and to realize their democratic rights. Therefore, under the background of science popularization of genetically modified technology, in-depth analysis and research on the protection of consumers’ right of information on GM food has great theoretical and practical significance.As to the legal system construction of the protection of consumers’ right of information on GM food, the European Union, the United States and Japan all have established relatively mature policy. In some countries such as the United States where the legal system is relatively complete, although there is no special legislation for GM food, but consumers’ right of information has been well protected. As a matter of fact,the construction of the system is a comprehensive study on the basis of law, economics,sociology and related natural science instead of a simple combination or stack of laws and regulations. As a consequence, it is necessary to draw lessons from foreignadvanced theories and experience on the protection of consumers’ right of information on GM food and review them again. It is unwise to ignore China’s national conditions and our existing legal system and pursue other countries’ modes such as EU’s strict mode, American easy-policy or Japanese mode of compromise.In order to protect consumers’ right of information on GM food more effectively and promote rational consumption, this article analyzes potential problems of infringement on the right of information on GM food consumption in detail and puts forward concrete suggestions based on analysis of advanced foreign experience and basic theories. We should focus on the protection of consumers’ rights and construction of a comprehensive protection mechanism. First of all, on the perspective of legislation,we should perfect the relevant laws and regulations and clarify the content of definition to ensure the realization of consumers’ right of information. However, the establishment of the specialized legislation on the protection of consumers’ rights in GM food should be prudent. Secondly, we should establish an oversight mechanism that goes with China’s current situation and allocate the government functions rationally. The food certification system, the retrospection system as well as the identification system and the information disclosure system should be gradually completed. Guarantee the public participation and start to regulate the consumers’ right of information on GM food.Thirdly, on the respect of right relief, it is necessary to improve the rights’ guarantee and relief mechanism in our country by ways of introducing the retrieving system, the regret rights system and the public interest litigation system. The systems above can provide useful ways to solve GM food trade disputes. Fourthly, specialized protecting system should be set up to strengthen the cultivation and publicity of law. At the same time, we should introduce excitation mechanism into our country to encourage public participation, advocate media and social supervision as well as industrial self-discipline.At last, we should clear the subject of liability and the scope of compensation to ensure the consistency of the right, the name and the responsibility of the main body of GM food trading.In China, the development of GM food is still at its primary stage. People learn to know it from the concept of scientific test fields to concrete products within only lessthan 20 years. It developed quickly and violently. In order to avoid making decisions under the situation of “uninformed” as well as being worried about the risk of buying GM food products, it is necessary to combine the advanced foreign ideas with China’s current situation and gradually perfect our legal system. Although it is a tough project, it certainly plays a positive role in promoting the construction of harmonious society and intensifying the concept of ruling China by law.