Research Of Law Of Tort Liability In Genetically Modified Crops Contamination

Gene pollution,although has not been public attention,can cause the super weeds,natural gene pool damage,ecological system damage and a series of serious consequences,Reality has occurred many times,the certain economic damage caused by law but have no corresponding according to specification,therefore necessary to study.Conform to the nature of genetic pollution of beck's risk society theory on risk defined for genetic pollution should focus on the future of uncertainty,the uncertainty of rules and regulations,rather than the traditional pay attention to the damage that's the way to treat.So the introduction of social construction theory in the field of risk gene pollution were analyzed,and find out the appropriate risk allocation model.Combining the above factors,the principle of imputation of gene pollution,constitutive requirements and liability method has carried on the detailed analysis and preliminary build.Imputation principle is often the case still is given priority to with no-fault liability principle,but in the face of pure transgenic plants growers,can consider to apply the principle of fault liability.Responsibility constitute the only damage behavior and damage result and the causal relationship between the three,does not necessarily require the existence of the unlawful element.Responsibility of the internal can continue to use the product tort liability allocation,bear the way mainly for damages,eliminate the obstruction,eliminate dangerous types,the justifications is not limited to war,disaster and so on person to control the situation.