Study On The System Of Biodiversity Access And Benefit Sharing In China From The Perspective Of Environmental Protection Law

The progress of biotechnology makes people pay more attention to the value of biodiversity,which is not only a kind of resource,but also the direction of future development.Developing countries have abundant biological resources,while developed countries have advanced technology.The unequal distribution of biological diversity and the difference of scientific and technological level have led to many problems of biological piracy.In the process of biological piracy,China has openly ignored our biodiversity and lost a lot of information about our overseas biodiversity.The system of acquisition and benefit sharing is harmful to the public interest.The main principles of the current biodiversity access and benefit sharing system are prior informed consent and mutually agreed conditions,Although a series of international treaties on access and benefit sharing have been concluded since 1992,Due to the complexity of national interest conflict in practice,the interpretation of the existing rules is a little controversial.Whether it is a party to an international treaty or not,national legislation is adjusting according to the requirements of international treaties and agreements.The establishment of national access and benefit sharing system must adapt to the national and international situation,so as to reduce the risk of illegal resource flight.Therefore,this paper will focus on access to genetic resources and benefit sharing,analyze more typical specific cases of access to genetic resources and benefit sharing,and analyze the current conservation situation.Our biodiversity has been eroded and benefit sharing.This paper analyzes the actual needs of our country,and explores the problems existing in our existing access and benefit sharing system.Based on the existing international treaties and the important principles contained in them,this paper analyzes the factors that protect biodiversity and promote benefitsharing through the extraterritorial application of access and benefit sharing system.The lack of specific legislation on access and benefit sharing,as well as the lack of operational procedures for access and benefit sharing,have hindered it,The difficulties of existing legislation in effectively controlling acts of infringing genetic resources and the lack of protection against foreign biological invasion.This paper holds that institution building cannot be separated from national conditions and existing legislation.The problems faced by our country must be viewed from the perspective of the actual need to protect biodiversity,effectively incorporate international rules and treaties into domestic law,and improve our system of access to biodiversity and benefit sharing.This is not only to clarify the relevant legislation,but also to improve the process of sharing biodiversity and interests,strengthen the management of illegal activities,and prevent the impact of alien species invasion on the environment of our country.