Research On Liability For Biosafety Damage In China

Biosafety has attracted wide attention in China since the draft biosafety Law was submitted to the STANDING Committee of the National People’s Congress for deliberation on October 23,2019.The outbreak of COVID-19 is a wake-up call for biosecurity.Biosafety damage liability is the most important part of the biosafety law,there is a law involves a good "no remedies,no rights,legal regulation on biosafety ultimately implemented to the responsibility to provide the real damage for biological safety,to seek biosafety damage the ecological environment of the damage to the effective relief.This paper first defines biosafety,which can be divided into broad sense biosafety and narrow sense biosafety.According to the upcoming "biosafety law draft" definition of biological safety,and researchers in the field of environmental law in China for the interpretation of the concept of biological safety,to biological safety defined as generalized biological safety,normal state of the ecosystem,biological normal survival and development,and human life and health is not affected by pathogenic,invasive pest biology and modern biological technology and its application of the state.Then the concept of biosafety damage and liability for biosafety damage is analyzed and expounded,and their characteristics are summarized.Secondly,the principle of imputation of biosafety damage liability is discussed,and the principle of no-fault liability is finally determined to be applicable to biosafety damage liability,which is not only the need of China’s biosafety development,but also conforms to the international trend.This paper analyzes the principle of liability imputation for biosafety injury in developed countries and discusses the application of the principle of liability imputation without fault in China’s biosafety injury liability.Then the constitutive elements of the liability for biosafety damage are described,including the behavior of biosafety damage,the fact of biosafety damage and the causal relationship between them.The identification and classification of biosafety damage behavior and biosafety damage facts are expounded in detail.The rule of presumption of causation and the corresponding inversion of burden of proof should be implemented,in which there is no causation between the injury’s behavior and the fact of the injury to biosafety.Finally,the liability for biosecurity damage includes five ways: stop the infringement,remove the obstruction,eliminate the danger,restore the original state,and compensate for the loss.In response to the provisions of the Civil Code and the inadequacy of general compensation,punitive damages were specifically established.In addition,the social insurance system and the public fund system for biosafety compensation should be established to provide financial guarantee for biosafety compensation.