Research On Tort Liability Of Genetically Modified Crops Genetic Pollution

With the rapid development of world economy,humans began to enter the explosive population growth stage,in the 20th century and with the rapid expansion of population,food around the world began to appear,land,and other energy crisis,say current existence and development of human society is facing the biggest challenge is to lack of exploitation and utilization of resources and the imbalance of the excessively rapid increasing of the world's population.In response to the global energy shortage situation,transgenic technology arises at the historic moment,planting after gm crops after the technical transformation can improve greatly the global food production,led to a second green revolution in the field of agriculture,greatly solve the worldwide food food and clothing problem.But because of a grip on gm technology is poor,genetically modified crops in the commercial production of the size of a series of problems,one of the most typical is the gene pollution caused by the tort.This caused by the improper application of transgenic technology and the new environmental pollution tort compensation cases in foreign countries have a multinational real hair,so the damage caused by the results in the judicial practice should be how to carry on the relief imputation,foreign legislation is already have a practical application in the judicial practice.Although there have been some related genetic pollution incidents in China,there has not been a lawsuit of tort damages caused by the infringement of genetic pollution.Blank of the legislation of vacuum and the judicial practice and law theory research of gene pollution tort liability system also relatively decentralized system,we should early warning for agricultural application of transgenic technology legislation regulation,to prevent the occurrence of the victims in the judicial practice v.no v.passive into the predicament of relief flared up.In law,genetic pollution tort is a new type of pollution of the environment infringement,new in the show is a kind of traditional tort and ecological damage to the state of mix,and present a risk of damage and cause damage consequences of significance.According to the principle of no-fault imputation of traditional environmental pollution tort in accordance with the current law,genetic pollution should be regarded as dangerous behavior in our country,and the principle of no-fault liability should be applied.But as a result of gene pollution.is different from the traditional to the particularity of tort can predict and control of environmental pollution,can of transgenic crop growers of disadvantaged individuals(farmers)auxiliary apply the principle of fault as an exception.For genetic pollution damage relief,the existing tort law can only complete the basic general regulation,the future of our country in the specialized legislation of gm technology work,can consider to absorb the concept of risk liability,to learn from ecological integrity principle of international law,legislation in our country clearly establish a risk prevention as the core,the ecological security as the goal of the relevant legal principles.At the same time,in order to guarantee social equity and justice,relief the victim rights and interests,can consider to establish a civil compensation is given priority to,social relief is complementary of genetically modified crops genetic pollution tort damages and relief system.Within the scope of the society as soon as possible to build a gene pollution liability insurance system to set up a system of social public funds to pay at the same time,scattered the offender's liability for damages,ensure the timely and effective damage relief of the victims,to reduce the potential risks of transgenic technology industry,mobilize the gm industry technology the enthusiasm of scientific research and production and operation,for the future development of transgenic technology.