| With the development of biotechnology,biological genetic resources play an increasingly important role in agriculture,medicine,ecology and other fields.The attribute of resources is directly transformed into value,which brings economic benefits to relevant stakeholders,and makes biological genetic resources a new strategic resource related to human survival and social and economic sustainable development.The protection effect of biological genetic resources is directly related to the safety and sustainable development of biodiversity in a country or even in the world.Because the distribution of biological genetic resources is greatly affected by the natural ecological environment,showing an unbalanced geographical distribution,developed countries with a lack of biological genetic resources launched a new round of "enclosure movement".China is one of the countries with the richest biological genetic resources in the world and a state party to the convention on biological diversity.The absence of system guarantee causes serious loss of biological genetic resources in our country,and it has become a major disaster area of plagiarism in developed countries.In this context,this paper analyzes the status quo of the legal protection of biological genetic resources in China,refers to the legislative experience of international conventions and typical countries,and then puts forward a tentative plan for the system construction and demonstrates its feasibility based on the national conditions,so as to make Suggestions for the legal protection of the biological genetic resources in China.This paper consists of three parts: introduction,body and conclusion,and consists of five chapters.It makes an in-depth analysis and discussion on the resource attributes,protection status and legal perfection of biological genetic resources.The first chapter describes the research background and significance of this topic,summarizes the research status of biological genetic resources,clarifies the main research ideas and methods,and reveals the innovation and practical value of this paper.Chapter two discusses the basic and preliminary issues of biological genetic resources,analyzes their characteristics on the basis of clearly defining the connotation of biological genetic resources,and examines their attributes and values from the perspective of resources.Starting from the strategic status of biological genetic resources and typical cases of loss and plagiarism,it highlights the realistic urgency of legal protection of biological genetic resources and the necessity of systemconstruction.The third chapter,analysis the current status of the objective of biological genetic resources in our country,the present situation and problems of system protection,biological genetic resources protected by the laws of reflection,mining constraints,from the background condition of resources,through the collection,conservation,acquisition,use,and benefit sharing,from the legislation,the core system,the main body of power,legal responsibility etc.Analysis of the biological genetic resources in our country the lack of legal protection.The fourth chapter mainly introduces the international legal protection of biological genetic resources and the domestic system construction experience of typical countries,extracts the parts of international conventions and other countries' systems that have reference value for China's practice,and lays a foundation for the construction of China's legal protection system of biological genetic resources.Chapter five puts forward some Suggestions for improving the legal protection of biological genetic resources.Firstly,it is necessary to clarify the complexity of the subjects of resource ownership and strengthen the realization path of the protection of the rights and interests of different subjects.We should pay attention to the regulation before and after the event,and construct the systematic protection of biological genetic resources.In institution-building,we will accelerate the formulation of special legislation,regulate the development,utilization and protection of resources,and establish a system for listing biological and genetic resources,a system for prior informed consent,and a system for sharing benefits.Refining procedural provisions to enhance operability,and at the same time in the setting of legal responsibility to further strict punishment.In the regulatory level,it is suggested that establish special management organization as a whole job functions between different departments,coordination to protect domestic and international technical cooperation,emphasized in capacity building and the contents of public participation,effective guarantee system,finally,supplemented by relevant supporting measures,achieve fair distribution from development to benefit the entire legal protection. |
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