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Research On Special Legal System Of Agricultural Genetic Resources From The Perspective Of Food Security

Posted on:2018-01-05Degree:MasterType:Thesis
Country:ChinaCandidate:J W ZhengFull Text:PDF
GTID:2506306464963539Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Food is the staff of survival and development of human society.Food security is a major core issue concerning the people’s livelihood and the long-term stability of the country.In the era of rapid development of agricultural science and technology,especially in the era of rapid development of gene technology,countries compete for and develop agricultural genetic resources has become a theme of international competition and cooperation.China’s abundant species resources,coupled with the cultivation of long-term farming civilization,has left a wide variety of agricultural genetic resources for our country,which provide a valuable material basis for the realization of China’s agricultural development,especially food security.However,for a long time,China’s lack of attention to the importance of agricultural genetic resources,the corresponding legal regulation and system protection are not in place,making China’s agricultural genetic resources by a large number of biological plagiarism behavior,suffered a lot of man-made and Natural loss.This study focuses on the principle of national sovereignty,the principle of prior consent and the principle of benefit-sharing and the specific national conditions and legal system of our country.It provides relevant legal construction and system guarantee for the management and protection of agricultural genetic resources.The article includes the following six parts.The first part analyzes the basic concept of the agricultural genetic resources,and expounds the basic connotation of agricultural genetic resources from the aspects of rights,the subject of rights,the object of rights and the content of rights,and discusses the relationship between agricultural genetic resources and Food security,but also from the perspective of law and other basic theory of agricultural genetic resources for the protection of the special analysis.The second part reviews the agricultural genetic resources from the international society for cognitive development,combined with the current domestic and international environmental analysis of food security perspective of the need for the protection of agricultural genetic resources,the current form of protection of China’s reflection,but also analyzed the genetic The need for resource empowerment.The third part starts from the construction of the special protection system of agricultural genetic resources,and explores the theoretical basis of the system construction,analyzes the limitations of the existing protection system in our country,compares the foreign practical experience,and constructs the special protection system of agricultural genetic resources suitable for our country,includes the agricultural genetic resource habitat system,the agricultural genetic resource property right system,the agricultural genetic resource management system and agricultural genetic resource access and benefit-sharing systemThe fourth part attempts to construct the legislative concept,value,hierarchy,model and legal framework of the Agricultural Genetic Resources Law from the perspective of legislative proposals.In the fifth part,from the point of view of legal coordination,this paper analyzes how to realize the integration of agricultural genetic resources protection and other rights protection modes in China’s existing legal system,and analyzes the special protection of agricultural genetic resources and the existing food security guarantee in China System coordination,and finally from the content of international treaties to promote the coordination of international law and domestic lawThe sixth part starts with the system design,plans to set up the special protection organization of agricultural genetic resources under the framework of food security,builds the food security information platform and establishes the system of genetic information disclosure system so as to protect the agricultural genetic resources.
Keywords/Search Tags:Agricultural genetic resources, Food security, Right of Agricultural Genetic Resource, Special protection, Legal system
PDF Full Text Request
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