| China has been a provider of genetic resources for long time in the international market.Facing the current situation of “biopiracy”,China's genetic resources have been seriously damaged and there is no comprehensive protection in the practice.As the major force of protecting the genetic resources,the function of farmers has been ignored.Under this condition,the necessity of establishing the farmer's rights is very crucial issue.For instance,there is no systematic law for the protection of traditional knowledge related to genetic resources.The typical laws are‘Chinese Medicine Law' and ‘Regulation on the protection of traditional Chinese medicine.There is no specific laws to deal with the acquisition,import and export of genetic resources in China,and the benefit-sharing system needs to be perfected.Hence,the farmers could not participate the genetic resources protection and gain the benefits arising from the utilization of genetic resources.And,the farmers barely are involved in the protection of the genetic resources,that government plays a vital role in.Thus,it is not possible for authorizing them to make the final decision of conservation and sustainable use of genetic resources.To solve the problems mentioned here in above,this article would suggest to adopt a legislation model of comprehensive legislation+implementation regulation based on Chinese particular situation,clarify the connotation of farmer's rights and the legal relationship of farmer's rights including subject,object and content,and set the rule of "dual-implemented informed content". |
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