Legal System Of Protection Of Animal Genetic Resources In China

Animal genetic resources is an important basis of biological sciences research, is the human survival and sustainable economic and social development of strategic materials, at the same time related to national biological safety and ecological security. Animal genetic resources protection is a worldwide research subject, as biological technology unceasing development, all countries in the world to protect animal genetic resources as their basic state policy and one of the important content of legal system construction.In recent years, the developed countries relying on its own strong economic and technical strength, adopt a cooperative research, contributive buy even steal manner, without even cheaply from developing countries collect, robbing genetic resources, and through to the world of genetic resources, and acceleration control to developing countries market share and economic plunder. China as a country, with the biodiversity extremely value of animal genetic resources, also faces the developed countries to our country animal genetic resources of plagiarism and occupation. Plus our country the rapid population growth, on biological species the over-exploitation of resources, invasive species of the introduction, environmental pollution, climate change and other reasons, China animal species resources loss and drain seriously.Regarding animal genetic resource conservation international convention and regional convention more, if the convention on biological diversity, endangered wildlife species convention on international trade, etc. China has established a relatively perfect protecting natural resources law system, but there is no animal genetic resources protection of specific legal provision, only some administrative rules and regulations. This article attempts from the concept of genetic resources, clearly define the animal genetic resources connotation, analyzes its differences with the traditional natural resources, thus in the domestic level studies our country in animal genetic resources protection and utilization problem. In introduced in animal genetic resources protection, the status quo and the deficiency and defects, and combining foreign typical countries domestic legal practice, the animal genetic resources of control mode and the protection mechanism of in-depth theoretical analysis, this paper summarizes the general rules based on clear proposed our animal genetic resource protection as the basic principle, the country's leading, public participation principle, conservation and utilization principle as well as equal share equal principle. The principle is abstract, must through certain forms can be reflected. These are the principles, under the guidance of animal genetic resources protection can through the marketing mechanism, earnings compensating mechanism and environmental impact assessment mechanism, safety pre-warning system. Finally from the situation of our country and legal practice constructing suitable for China's national conditions of animal genetic resources protection legal system.