Genetically Modified Crops Gene Pollution Tort Law Regulation Research

In the long river of human history development,agriculture injected new blood to the development of human,also laid the foundation for social stability development.Such as population,food,environment,land resources crisis is increasingly serious,in the 1950 s,happened twice for a green revolution in agricultural areas,namely the popularity of hybrid crops,fertilizer and irrigation of the first green revolution and transgenic technology in the 21 st century the rise of the second green revolution of genetically modified(gm)crops.Two green revolution have greatly improved the output of grain,solves the key problem of food security,promote the development of the society.But with the further development of the second green revolution,the commercial cultivation of gm crops also brought a series of problems,such as improper environmental release of pollution caused by the infringement and the farmers' personal rights,property rights violations.In this paper,on the basis of a lot of reading materials,mainly divided into two parts of genetically modified crops pollution tort argument: the first aspect: the ecological environment.In the process of genetically modified(gm)crops inappropriate storage environment,transportation,environment and the environmental release,genetic pollution caused by the infringement.The second aspect: the rights and interests of farmers.First of all,the right infringement of the farm saved seed;Second,genetically modified crops with others not genetically modified crops,the right owner to remove pollution increased planting costs;Again,genetically modified(gm)crops of genetically modified crops of hybridization with others,cause pollution of the traditional crops receive genetically modified crops,organic agricultural products of farmers lost its market opportunities.In conclusion,this article is fundamental key with genetically modified crops security issues,to genetically modified crops cause in the process of the damage caused by the "genetic pollution",as well as for growers as the breakthrough point,on genetically modified crops based on the introduction of related concepts,law theory in our country the new gm crop pollution tort of environment infringement is discussed.This paper mainly includes the following four parts:Article begins to gm related professional concept has carried on the concise explanation,again to genetically modified crops,the development situation at home and abroad were simply introduced,for the occurrence of genetically modified(gm)crops pollution tort time laid the realistic foundation,to our country and the related legal norms of genetically modified(gm)crops pollution tort parsing,and concludes that our country in the infringement on the lack of comprehensive legislation to regulate the conclusion.The second part is mainly aimed at common law,the legal regulation of genetically modified crops planting activities of the typical countries of continental law system to study.To study the status quo of infringement of the two legal systems on the cultivation of genetically modified crops in the process,through the study of legal practice to prevent infringement of main countries in two law system about the cultivation of genetically modified crops in the process found in these countries to carry out activities in the cultivation of genetically modified crops There are similarities.These have important significance to experience China's GM crops planting.According to GM technology,China should refer to foreign experience in the development of genetically modified crops planting activities,both must be cautious and bold,not unworthy of legal experience against.Article third part of genetically modified crops pollution tort liability rules requirements as well as the principles of imputation of refacting or: because gm crops pollution tort is a new kind of environmental tort,compared with the general environment tort has its own particularity,so the author thinks that,in the event of such infringement responsibility identification with those responsible,not directly copy the relevant theories of environmental tort,but should be specific analysis.In the end,the end of the article is aimed at the pollution tort issues related to gm crops has been clear,on the basis of combining the domestic and foreign related experiences,first put forward in the act of tort liability in current China special regulation of genetically modified crops pollution tort.Secondly,the paper puts forward in the commercial cultivation of gm crops has become a trend of today,our country should draw lessons from the relevant foreign legislation,formulate special "law of genetically modified organisms safety",to provide clear legal basis for genetically modified(gm)crops,promote the development of transgenic technology in agricultural field in our country.