Research On The Legal Applicability Of Ethical Norms For Access To Biological Genetic Resources And Benefit Sharin

Access to biological genetic resources and benefit sharing have a long tradition of self-regulation,and this governance structure emerges from a series of codes of conduct and ethics adopted by the Convention on Biological Diversity.From the Convention on Biological Diversity to the Bonn Guidelines on Access to Genetic Resources and the Equitable Sharing of the Benefits Arising from Their Utilization,and the Nagoya Protocol to the Convention on Biological Diversity on Access to Genetic Resources and the Equitable and Equitable Sharing of the Benefits Arising from Their Utilization,In addition,the "Code of Ethical Conduct for Respect for the Cultural and Intellectual Heritage of Indigenous and Local Communities Related to the Protection and Sustainable Use of Biodiversity" emphasizes the role of non-legal means in fulfilling international obligations,and continuously enriches and develops its manifestations to require parties to present them in laws and policies.Based on global practice,due to the high cost and low efficiency of traditional legal norms,different levels of development in various countries,and different levels of emphasis,the implementation of access and benefit sharing activities mainly relies on the self-control of business entities,researchers,and research institutions,as well as indigenous peoples and local communities.This article classifies the ethical norms of global access and benefit sharing into three aspects based on the formulation body: standards of professional associations for biodiversity research,access and benefit sharing activities under biological trade,and biocultural community agreements between indigenous people and local communities.It also analyzes the characteristics,validity,and effectiveness prediction of the ethical norms of access and benefit sharing Evaluate international trends in the application of ethical norms and laws for access and benefit sharing.As a party to the Convention on Biological Diversity and the Nagoya Protocol to the Convention on Biological Diversity on Access to Genetic Resources and the Fair and Equitable Sharing of the Benefits Arising from Their Utilization,China needs to comply.However,the slow legal process of access and benefit-sharing in China and the lack of basis for the revitalization and development of access and benefit-sharing mechanisms in rural areas make it necessary for China to promote the legal application of ethical norms for access and benefit-sharing.At present,relevant voluntary norms have emerged in the field of biodiversity in China,the governance system contains rich moral foundations,and ethnic regions contain rich moral and cultural resources,providing practical conditions for the legal application of ethical norms for access and benefit sharing in China.However,at the same time,China is also facing challenges such as unclear administrative management system for traditional knowledge related to biological genetic resources,lack of representative industry organizations in scientific research and commercial utilization of traditional knowledge related to biological genetic resources,and insufficient actual participation,validity,and depth of farmers and groups in ethnic areas.The characteristics of traditional knowledge related to biological genetic resources,such as commonality,scarcity,non-exclusiveness,and comprehensive utility,determine the need for diversified systems for access and benefit sharing governance.Based on the actual situation in China,there are three possible paths for the legal application of ethical norms for acquisition and benefit sharing:ethical first,legal first,and ethical and legal parallel.Each path has its own advantages and disadvantages.Among them,the parallel operation of ethics and law is a relatively reasonable choice for China,and this path can be advanced from formulating ethical principles as an intermediary for the transformation of ethical norms into legal norms,moving towards self-regulation for the acquisition and benefit sharing of acceptance and recognition by countries,giving play to the role of organizational norms in connecting ethics with law,and strengthening open cooperation among various stakeholders,Through action planning,the key fields of ethical norms for acquisition and benefit sharing are specifically determined,and the development of organizational norms in key fields is promoted.In addition,ethical norms in key fields of acquisition and benefit sharing are focused on in legal norms,aiming to establish a trinity of normative systems with different levels,levels,styles,and types of action planning,ethical norms,and legal norms.