| The21stcentury is the great era of the biological science and technology. As arepresentative of Genetic engineering, transgenic technology leaded people into abroader field of science. Through genetic engineering science, humans get superiorgenetic modified crops(GMC)with more favorable biological traits and betterstabilization characteristics of genetics. Since the birth of the first strain ofherbicide-resistant transgenic tobacco, Commercial cultivation of GMC hasdeveloped rapidly and genetically modified food(GMF) also appeared in largenumbers on our table.Just as every coin has two sides, the GMF is not perfect. Due to the safety ofuncertainty of GMF, especially its potential threat to human health, many countriesand regional organizations make laws to regulate and manage the GMF, so as tosafeguard public health and protect environment. Among them, European Union (EU)has built a legal regulation system, taking the risk prevention principle as a basicprinciple. and supervising the whole production process as the foundation ofregulation. Because of the similarities between China and EU in current socialsituation, the public acceptance to the GMF, and the real demands of trade interestsprotecting, using the experience of EU for reference to perfect Chinese legislation onthe GMF is flexible.In this background, combining the historical method, comparative method,empirical method with the latest laws and regulations, this paper begins with thediscussion on the definition of Chinese GMF, focusing on the analysis of the relationsbetween genetically modified organisms (GMO), GMC and GMF, redefining thelogical starting point of the legislative study of Chinese GMF. At the same time, onthe basis of the new Food Safety law of People’s Republic of China and the legislativeexperience of EU on GMF, the paper also studies the status quo, the defects andshortcomings of Chinese legislation on GMF and provides practical and flexible legalsuggestions for China. |
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