Research On Regulation Of Low Level Presence Of Genetically Modified In Agricultural Products

With the acceleration of global economic integration,the international trade of agricultural products has developed rapidly,and the volume has been increasing.At the same time,due to the application of biotechnology has brought substantial advantages in agriculture,like economic and environmental benefits,all countries attach great importance to the development of biotechnology,continue to expand the planting area of genetically modified crops.The agricultural products containing GM ingredients occupy an increasingly important position in international trade.However,because of the difference safety approval systems of GMOs in different countries,the low-level presence of GM ingredients(LLP)happening in the agricultural products trade has raised much attention.LLP refers to a trade phenomenon that a GM grain that has not yet been approved by the importing country may unintentionally be present,at low levels,while has approved in the exporting country.The import and export countries have different attitudes towards LLP,resulting in international trade frictions.LLP makes both the import and export countries face high trade losses,even the interruption of certain agricultural products trade,and further affects the stability of the market.So it is necessary to make a deep research and analysis about the institutional reasons of LLP and the possibility that LLP can be solved in a short time through synchronous approval of GMOs.China is the biggest country of import and export of agricultural products,importing a large number of GM corn and soybean while exporting numerous rice products.Whether in the import or export of agricultural products,China has gone through LLP,but has not yet established the legal system to regulate.This research intends to study on the typical management measures for LLP in foreign countries and regions.Since the import and export countries face different interests,this research tends to divide them with accordance to the trade status to find the relationship between the trade interest and the regulatory system for LLP,helping our country to make the right choice when trade with different trade partners,deal with trade friction and make a multilateral or bilateral trade negotiations,which is of important practical significance.In view of the above content,the study mainly discusses the following aspects:First,the definition、impacts and system reasons of LLP.This part mainly defines the basic concepts and clarifies the relationship between them,ensures the consistency of concepts in the study to make the content of the study clear.Based on the theories of economics and the science of law,choosing the representative and widely-accepted definitions of LLP made by international organizations and typical countries to analyze.Then making our own definition of LLP in view of the situation and actual requirements of China.This part also digs the in-depth reasons causing LLP,including management factors and system factors.Based on the conclusion on the above issues,the end of this part is inclined to analyze the necessity for building the legal regulation for LLP in agricultural products.Second,the investigation on the status quo of the LLP regulation systems in foreign countries and regions.Based on the different pursuit of trade interests,main agricultural trade countries can be divided into import interest groups and export interest groups.By comparing and analyzing the legal regulations of different interest groups,the third part tries to find out the enlightenment to establish a regulation system of LLP in china.Third,research on the present situation and construction of regulation system of LLP in China.First of all,the study makes a list about the current effective laws and regulations related to the inspection and quarantine on import of GM agricultural products,and concludes that China has not yet formulated a regulatory system of LLP.On the basis of the analysis of the extraterritorial legal regulation,considering the current conditions and trade interests of China,the author raises the goals and basic principles for the regulation of LLP,and tries to build the special regulation system.Fourth,the choice of position and action when dealing with LLP in China.In order to pursue the interests of exports,USA and international biotechnology multinational companies require the importing countries to implement simultaneous approval and expand the scope of imports.In the face of such international environment,China should adhere to the national security and interests of imports as the main starting point,actively prevent the occur of LLP to maintain stable and sustainable development of the import and export of agricultural products in china.