A Study On The Legislative Protection Of Human Genetic Resources In China

China is a multi-ethnic population country with unique human genetic resource advantages.The importance of human genetic resources is both strategic and scarce.Since China paid attention to the research of human genetic resources in the 1960 s and 1970 s,the development and utilization of this research have achieved unprecedented breakthroughs,especially in the genetic structure of related populations,genetic diseases,prevention of congenital diseases,and gene chip screening technology.In terms of screening and treatment of rare diseases,it has improved the quality of life for tens of thousands of people in our country,such as the success of research and development of diabetes-related results,and promoted the opportunity for patients in our country to be reborn.However,everything is always pros and cons,and technology cannot pull out this weird circle.With the rapid development of science and technology,China’s problems in the safety management of human genetic resources have gradually leaked,and it is difficult to cope with new social problems,ethical problems,legal problems,and other problems that arise in the governance process.Gene-edited babies are a good example,and existing laws and regulations are difficult to deal with.How to protect China’s human genetic resources from the legislative level has become an important subject of contemporary legal research.Developed countries such as the United States,the United Kingdom,and developing countries such as India and Brazil are at the forefront,and related laws have been promulgated to protect their human heritage resources.In contrast,in China,relevant laws and regulations are obviously lagging behind,and most of them stay at the level of departmental regulations and regulatory documents,and the problems follow.Among many issues,the sovereignty of human genetic resources,resource providers and resource users Conflicts of interest,that is,benefit sharing issues,provider privacy protection issues are gradually emerging,while legal issues such as the lack of constitutional and criminal law provisions,low legal status,lack of operability,unclear positioning of legal attributes,and supervision of benefit sharing mechanisms Imperfect regulations,such as imperfections,and loopholes,are particularly important and urgently need to be resolved.Although the legal status of the newly issued "Regulations" in 2019 has increased,it is still administrative regulations,not laws formulated by the National People’s Congress and its Standing Committee.It has a strong administrative management color.Most of the management activities are proactive declaration and approval.As a prerequisite,it is not enough to rely solely on the Regulations.In order to promote the development of China’s protection research in a standardized direction,the author hopes that the study of related issues can cause more scholars to explore the legislative approach to its protection.Therefore,this paper will study the legislative protection of human genetic resources in China,and use legislative research methods,cross-cutting research methods,empirical research methods,and comparative analysis methods to explore protection paths suitable for China in the new era.The main content of this paper is divided into four chapters: Chapter one analyzes the concept,characteristics,legal attributes and the necessity of legislative protection of human genetic resources.The first section provides a theoretical explanation of human genetic resources,mainly covering the connotation and characteristics of human genetic resources,as well as the connotations of biological resources and genetic resources.The second section analyzes the legal attributes of human genetic resources and summarizes the legal attributes.In the third section,this article discusses in depth why China needs legislative protection,that is,to analyze its necessity.In the second chapter,the article clarifies the status quo of China’s legislative protection,related difficulties remaining in the process of protection,and analyzes them.The first section focuses on the current status of the legislation on human genetic resources in China.The second section summarizes the problems existing in the legislative protection of human genetic resources in China on the basis of the first section.The third section reflects on the previous two sections..The third chapter introduces the current status and main content of the legislative protection of human genetic resources in typical countries outside the region,and summarizes the enlightenment of extraterritorial experience to China based on the analysis of China’s problems.The first section introduces the current status of legislative protection in the United States,the United Kingdom,Brazil,and India.The second section mainly reviews and analyzes extraterritorial experience and summarizes the implications of extraterritorial experience for China.Chapter four proposes the legislative construction path of human genetic resources protection in China.The first section focuses on the principles of national sovereignty,benefit-sharing,and privacy protection,and the second section focuses on the path of legislative protection: establishing the constitutional protection of human genetic resources;raising the level of legislation and formulating comprehensive special laws: Law on the Protection of Human Genetic Resources;added the crime of taking away private genetic resources in the Criminal Law;intellectual property protection of human genetic resources;and increased government supervision.