The Reaserch Of Law Issues Aceess To And Benefit-Sharing Of Genetics

As the high development of the biological diversity protection and the biotechnology, the protection of genetic resources problem becomes important, and the legal problems of access to and benefit-sharing of Genetic Resources is gradually coming into peoples'views. The countries which have abundant genetic resources are almost development countries, but they can't make use of the genetic resources because of the backward biological technology; although the developed countries have advanced biological technology, they are short of genetic resources. So they found genetic resources from development countries. The developed countries pursue the principle of "Common Heritage", obtain the genetic resources from development countries for free, and they don't bear any responsibilities for the destroying of the biological diversity. The development countries enjoy nothing benefits, also they need to undertake the protection of their biological diversity, so they propose the "permanent sovereignty".this contradiction trigger the problem. In1992, the "Convention on Biological Diversity" established the "global commons", coordinating the dispute, and providing the international law basement. The genetic resources of our county ran of seriously, and the law and controlling systems are insufficient. Especially after the "Nagoya Protocol", it is a new challenge to our country's law and administrative system of access to and benefit-sharing of genetic resources, solving the problem is no time to delay. The exist law of the access to and benefit-sharing of genetic resources in our country can't satisfy the need, because of the relevant legislation and control system. So it's ought to establish and perfect the legislation, find a proper control system, then protect the maximum genetic resources realizing the best proceeds.