The Application Of Law Of Tort Liability In Genetically Modified Crops Contamination

As the commercialization of the use of Transgenic technology and the gradual extension of the scope of the cultivation of genetically modified crops,the problem of genetically modified crops contamination all over the world continue to emerge.Austria jurist koch indicated,agriculture is an open process.so the contamination can’t be avoid.But the EU provide that if the content is below the threshold of0.9%,it can still access to market and won’t lead to any other damage.Hence.the planter need to take necessary measures in order to avoid the occurrence of contamination.If the content is over the threshold of0.9%,it will bring huge damage, and arise tort liability,for the range of issue about the application in tort liability in this field,such as the basis of liability,the causal judgment.the line between compensable and non-compensable losses.the determination of damages,the financial limit,the assurance and the fund,have been discussed abroad and have legal precedent.However.our State haven’t do the study on this field,that is why I choose this issue,I hope this research can help to protect the interests of farmers,resolve the un-defined legal relationship in the field of torts.This thesis use the comparative method.through the existing theories of foreign research and legislation,combined with our "Torts",reseach on the issue of infringement which caused by the non-transgenic mixed with genetically-modified crops. With the thread of elements of our tort liability, in determining the principle of attribution of GM crops, respectively, from the illegality.injury and causal link to analy the conditions of the establishment of tort liability of transgenic contamination.The first part mainly expounds the development of transgenic technology, genetically modified crops can improve the quality, increase production, etc.from1996to2010.transsenic acreage in the world have increased 86-fold.More and more countries have recognized the change and contribution to the world it brings.However, genetic pollution has become increasingly important.the case of U.S Starlink GM corn in2000has brought huge loses/the reason is mainly relative to flowering period, propagation distance, cross compatibility, acreage and environmental factors, In order to prevent the loss of non-GM farmers, to regulate the cultivation and research the relief after contamination is extremely necessary.The second section deals with the principle of attribution of transgenic contamination, transgenic contamination should apply the principle of strict liability. As transgenic contamination is unilateral accidents, In most cases, prevention is the obligation of growers.the victim is always powerless for the occurrence of damage,so strict liability is a more appropriate choice in unilateral accident.And now GM cultivation has not been widely recognized by society, people take a conservative approach.strict liability reflects a more cautious approach,and can better stimulate the growers to operate carefully. In comparative law,Austria,France,Germany also clearly define that the contamination applies strict liability.Anglo-American countries, not clearly defined, but also does not exclude the application of strict liability.our country has no specific legislation of GM contamination,therefore.we mainly analy on the basis of "Torts".the application of strict liability must be defined by law, Chapter V-Chapter IX of Torts provide several forms of special infringement, Chapter IX of which is the most appropriate.which is about high-risk liability.There is no provisions is about GM contamination in Chapter IX,but from the article69which is a general provision of high-risk, infringement of transgenic contamination can completely apply this one, nowadays GM active has not been currently general practice of society, the damage is foreseeable, but inevitable, and once caused damage, it will be enormous. These features can be used as reasons of set up a "high risk".The third part analyze the specific application of GM contamination from the composition of elements,discussion is divided into three parts:illegality injury and causation.Illegality under the law of strict liability lies on the possibility of risk realize, people who use of hazardous or dangerous behavior is obliged to prevent the realization of danger.Various national laws details the obligations of GM crops,so do our country, it mainly provides in "Genetically modified organisms safety regulations","genetically modified organisms safety evaluation of management practices."and so on.Transgenic pollution damage, including market price difference, the loss of future benefits, the loss of organic certification, cleaning costs,testing costs, litigation expenses, but not only because of fear of loss incurred by the customer. Specific amount of compensation is calculated mainly based on market spreads. As our country has currently no detailed legislation of GM contamination, that is not suitable for regulatory purposes,the identification of the causal relationship should apply to the adequacy theory, in addition,we can also consider policy considerations.Multiple causes which is rather complex in tort also applies GM contamination.In the case of alternative causation and concurrent causation.every planter take joint and several liability.but in the case of joint causation,according to article12in "Torts",each planter take shared several liability.The fourth part discusses defences. According to the interpretation of the NPC Law Committee, provisions of Chapter III of "Torts"which provide defences does not apply to of Chapter IX.the defences under strict liability should be clealy defined by law. In China, there is no special legislation about infringement of GM contamination, we can only analyze theoretically and refer to other types of liability in Chapter IX of the high risk liability.The defences which can be applied to cases of GM contamination infringement include contributory negligence, deliberately caused.force majeure and voluntary assumption of risk, it is worth noting that China no provisions about voluntary assumption of risk, this system can only be a reference as determining the contributory negligence.The last part dicusses the accountability approach.These three kinds of approaches(eliminate the effects of the act.make an apology and rehabilitation), cessation of the infringement and removal of obstacles can’t apply to GM contamination,the approaches which can be used for GM contamination only include damage,restore and eliminate danger.When we apply "eliminate danger",we can make appropriate reference to the provisions on injunctive of foreign countries, because it involves property rights and the enthusiasm of planters,it should be cautious.