Research On The Legal System Of Biosafety Damagy Compensation

Since the new era,the rapid development of biotechnology has been accompanied by various institutional norms that have also become increasingly perfect.The "Biosafety Law" promulgated and implemented by my country this year is a major breakthrough in the field of biosafety governance in our country.It is of great significance to safeguarding national biosafety and controlling risks.However,like most countries in the international community,the transformation of biosafety risks In the case of real damage,the damage compensation system has not been perfected,such as the establishment of the subject of infringement,the division of liability,and the determination of causality.The damage compensation system is an important support for the implementation of the Biosafety Law and the further development of the industrialization of biotechnology,but at present it has become a shortcoming in the Biosafety Law.In view of this,this article intends to analyze the improvement of the legal system of biosafety damage compensation from the following points.First,clarify the basic concepts of biosafety and damage compensation through the conceptual analysis method,and introduce the theoretical basis of the construction of the legal system of biosafety damage compensation.First,clarify the meaning and types of organisms in biosafety,and introduce that biotechnology mainly includes fermentation engineering,enzyme engineering,cell engineering,and genetic engineering.Among them,cell engineering and genetic engineering(especially transgenic technology)are called"modern biology".Technology";second,compare the difference between compensation for damages in biosafety and general compensation for damages,and further the concept and characteristics of compensation for biosafety in this article;third,through the introduction of risk regulation theory and rights relief theory,clarify the system Construct a sound theoretical basis and realize the justice value of the law.Secondly,it elaborates on the current status and deficiencies of the legal norms for compensation for biosafety damages in the current legal system in my country.Through the introduction of the legal norms for compensation for damages in respect of personal rights,property rights,ecological environment and biodiversity,it is found that my country has unclear compensatory liability and imputation.The inadequacy of incomplete principles.Due to the constraints of scientific and technological testing and government supervision capabilities,biosafety damage itself reflects strong complexity.Specifically,on the one hand,in biosafety damage cases such as gene drift,there are often problems such as unclear subject of infringement,difficulty in determining causality,unspecific scope of compensation,and difficulty in statistics of results;but on the other hand,in cases like Changchun In cases such as the Changsheng Vaccine Incident,the subject of infringement is often clear and the causal relationship is relatively direct,but more problems are reflected in the determination of the scope of damages and the realization of rights relief.In both cases,the construction and improvement of the legal system for compensation for biosafety damage are faced with challenges from different aspects,levels and degrees.Based on this,this article attempts to analyze the challenges that may be encountered in the construction and improvement of the damage compensation system from the perspective of the determination and uncertainty in the process of biosafety tort damage.Thirdly,it introduces the evolution and characteristics of international treaties and the legal systems of biosafety damage compensation in major developed countries and regions outside the region.Furthermore,through the description of the relevant measures and characteristics of the three representative countries and regions in the construction of the biosafety damage compensation legal system,we can understand their regulatory preventive measures in dealing with biosafety risks and how the risks are transformed into response after accidents.Policy,comparative analysis and experience reference.Finally,it proposes a feasible way to improve the legal system of compensation for biosafety damage in our country.First,at the practical level,starting from the specific liability mechanism in biosafety damage compensation,the five aspects of adversarial reasons,causality,punitive damages,social assistance and limitation of liability shall be specifically improved;second,in the field of biosafety damage compensation Implement the socialization of legal liability,refer to the US "Super Fund Act",try to establish my country’s biosafety risk damage compensation fund,and better realize effective relief to victims.Third,improve the legal remedy system for national intervention in biosafety.Strengthen the implementation of post-event relief work in the process of biosafety issues during national intervention;fourth,strengthen international cooperation and exchanges.