Research On The Legal Issues Of Detecting In The Industrialization Of Transgenic-crops

The detection of transgenic-crops runs through the whole process of industrialization of transgenic-crops,and plays a fundamental role in the industrialization of transgenic-crops,which is conducive to the prevention and relief of risks in the industrialization of transgenic-crops.However,the existing legal norms in the industrialization of transgenic-crops are fragmented,lacking long-term and systematic institutional construction,and there are many legal problems in legislation,law enforcement and judiciary,which is not conducive to the smooth advancement of industrialization of transgenic-crops in China.《“Thirteenth Five-Year Plan” National Science and Technology Innovation Plan 》 clearly states,we will promote the industrialization of new transgenic crops such as insect-resistant cotton,insect-resistant corn,and herbicide-tolerant soybeans in the period of Thirteenth Five-Year Plan.Under the background,we should conduct a comprehensive re-examination of the legal norms related to the detection of transgenic-crops and the legal relationships that may arise in the detection of transgenic-crops,identify legal problems and solve them in order to play a role in the detection of transgenic-crops.The positive role that should be in the industrialization of transgenic-crops.This study firstly discusses,analyzes and defines related concepts such as “the detecting of transgenic-crops” and “the industrialization of transgenic-crops” from the perspective of writing purposes,reveals the function of detection in the industrialization of transgenic-crops,and introduces the basic theory of solving the detecting legal problems in the industrialization of transgenic-crops process.Secondly,through the normative analysis method,the legislative status of the detection of transgenic-crops in industrialization is reviewed,and the current status of its operation is introduced.The basic principles and academic theories in the legal disciplines such as economic law are used to analysis the legal issues in the industrialization of transgenic-crops.The analysis was carried out,and the typed induction and generalization were carried out.Finally,the legal issues in the industrialization of transgenic-crops in China were related to legislation,law enforcement and justice.Thirdly,combined with extraterritorial practice and experience,we will institutionalize and discuss the solution to the legal problems in the industrialization of transgenic-crops in China.The basic principles,basic systems and operational guarantee systems for the institutionalized solution of legal problems in the industrialization of transgenic-crops were put forward.Finally,we tries to solve the problem of detection in the industrialization of transgenic-crops through legislation and revision methods.It is proposed that the relevant laws and regulations on the detection of transgenic-crops should be placed in the overall legal framework of the Biosafety Law for overall consideration,and it is recommended to modify some relevant legal norms and legal systems.