Research On The Legal Regulation Of Genetically Modified Organisms In China

The emergence and development of transgenic biotechnology has provided help for people to overcome hunger and disease.At the same time,it also brings about some risks and shocks.Genetically modified biotechnology may lead to some security issues,from a legal point of view,mainly including the following two aspects:firstly,health and ecological risks;secondly,the problem of whether legal aid should be provided and the legal system under which to provide assistance once damage is done.Therefore,it is of great theoretical significance and legislative reference value to strengthen the construction of the legal system concerning safely employing transgenic biotechnology.The paper is divided into four parts,namely:Part one:Introduction.In this part,taking for instance the StarLink event of maize and the Pusztai event,safety problems concerning genetically modified organisms are put forward,the background and significance of the research are analyzed and the research status quo at home and abroad are summarized.Domestic scholars in this field are divided into three schools,namely,that of declaration law,that of whole process regulation,and that of R&D prohibition.Foreign scholars are also divided into three schools,technical development being priority,environmental protection being priority,and sustainable development being priority.Part two:In this part,the current legislative status and existing problems of genetically modified organisms safety in China are analyzed.There exist four problems:the lack of comprehensive codes;the lack of an efficient and unified genetically modified organisms safety regulatory mechanism;the lack of an emergency treatment mechanism and laws on compensation for damage;and the lack of a genetically modified organisms safety information sharing mechanism and laws on public participation rights.Part three:In this part,the legislative experience of the United States,the European Union and other countries is summarized and five inspirations have been drawn:firstly,attaching importance to the management system based on risk analysis;secondly,the importance of developing technical guidelines and guidance documents;thirdly,ensuring the safety of genetically modified organisms in accordance with the law;fourthly,the institutionalized supervision and inspection of genetically modified organisms safety;and fifthly,propaganda being an important way to implement genetically modified organisms safety supervision.Part four:Based on a comprehensive analysis of the current situation of genetically modified organisms safety legisaltion in China and learning from foreign experience in legal system concerning transgenic biotechnology,suggestions are made in this paper about perfecting the legal system of genetically modified organisms safety in China:making Genetically Modified Organisms Safety Act;strengthening the construction of the genetically modified organisms safety supervision mechanism;strengthening the construction of the information sharing mechanism and the legislation of ensuring public participation rights;and strengthening the recovery and remedy provisions of genetically modified organisms safety laws.