On Perfecting The Legal Protection Of Biological Genetic Resources In China

The development of biotechnology and multidisciplinary integration has gradually highlighted the great value of biological genetic resources.All countries have realized that biological genetic resources are strategic resources that are crucial to their long-term development.Due to the uneven distribution of economic,scientific and technological development and genetic resources in the world,there are various contradictions between developed countries with advanced biotechnology and lack of genetic resources and developing countries with backward biotechnology and rich genetic resources.Developing countries are regarded as the main target of biopiracy,which leads to the aggravation of the loss of biological resources.Based on this problem,developing countries should formulate strict bioprospecting regulations to prevent the spread of biopiracy.With the promulgation of the Convention on Biological Diversity,the main purpose is to form a relatively complete system of access and benefit sharing of genetic resources.In order to better implement the international treaties,countries have begun to actively establish and improve domestic legislation and introduce relevant management policies in line with them.China has a vast territory,a long history and unique biological genetic resources,but there are still many problems and disadvantages in the process of protection and management.Biological genetic resources of China have also been stolen by developed countries.Under this background,this dissertation deeply analyzes the current situation of the protection of biological genetic resources in China,refers to the international conventions,the protection strategies of developed and developing countries,summarizes the experience for reference,and puts forward suggestions on improving the legislation in China.The dissertation consists of four parts:The first part analyzes the basic problems of biological genetic resources.Firstly,from the perspective of international law is analyzed and the essence of biological genetic resources is clarified;Secondly,the characteristics of biological genetic resources,such as genetic characteristics,tangibility and invisibility,regional and unbalanced distribution,scarcity of value,exploitable science and technology,are analyzed;Thirdly,analyze the value of biological genetic resources from the fields of agriculture,medicine and industry;Finally,the causes of the protection of biological genetic resources are analyzed.The second part analyzes the deficiencies of legal protection of biological genetic resources in China at this stage.It sorts out the problems in China’s legislation,relevant legal system and management system,and analyzes the constraints on the protection of biological genetic resources.From the perspective of the background and present situation,the deficiencies of the current legal protection system in this field are summarized.The third part is about the extraterritorial investigation of biological genetic resources and its enlightenment to China.Firstly,the international legislative developments such as the Convention on Biological Diversity and the Nagoya Protocol are sorted out.Secondly,it analyzes the protection experience of biological genetic resources in many countries.At last,it gives enlightenment to the legal protection of biological genetic resources in China by drawing lessons from overseas investigation.The fourth part,based on the current problems and disadvantages of biological genetic resources in China,combined with the protection experience of other countries,and according to national conditions,puts forward some suggestions for improving the relevant legal protection.Firstly,from the legislative of three aspects,the special legislation of biological genetic resources is proposed.Secondly,in terms of protection system,a unified management organization of biological genetic resources should be clearly established,the list system and database of biological genetic resources should be improved should be adopted,and the prior informed consent system,benefit sharing system and biological blacklist system should be established.Finally,DNA barcode system is established to trace the source,to prevent biopiracy through biotechnology,and provide an empirical basis for access and benefit sharing.