Research On Civil Public Interest Litigation Of Preventive Biosafety

With the increasing innovation of biotechnology,the traditional order of mankind has undoubtedly been under a new challenge.Biotechnology is a double-edged sword to improve people’s way of life,but also because of the potential dangers of people have become uneasy.The outbreak of Covid-19 in early 2020 ravaged the whole country,more attention was paid to the issue of bio-security.Against this background,the Standing Committee of the National People’s Congress deliberated and passed the biological safety law of the People’s Republic of China.The enactment of this law marks that our country’s bio-security governance officially enters the modernization stage with prevention as the core,and then the most important is how to implement the risk prevention principle in the legal stage of the effectiveness of the norms into the effectiveness of the system.Since the establishment of the public interest litigation system in our country ten years ago,we have made remarkable achievements,to explore areas other than "Public interest litigation"under the unified deployment of Supreme People’s Procuratorate;The second is the Supreme People’s Court’s interpretation of the law applicable to environmental civil public interest litigation,which breaks the shackle of damage for relief,we can also bring the public interest litigation to the act of " Great risk to the public interest".Our country formally establishes the preventive civil public interest litigation from the standard level.Because of its unique value and function,the system of public interest litigation can overcome the problems of weakness of the litigants,weak administrative supervision and narrow range of criminal punishment in private interest litigation,we can expect public interest litigation to be a supplementary remedy for biosafety protection.At present,we should actively explore the protection norms of Biosafety Preventive Civil Public Interest Litigation in order to play an important role in the protection of biosafety legal interests.The first chapter points out the deficiency of biosafety protection in our country,analyzes the significance of constructing the Civil Public Interest Litigation System of preventive biosafety,then it is put forward that our country urgently needs to establish the civil public interest litigation system of preventive biosafety,so as to respond to the increasingly serious threat of biosafety and protect biosafety systematically.The second chapter analyzes the theoretical feasibility of constructing the system of Civil Public Interest Litigation of preventive biosafety from the attribute of public interest of biosafety,compatibility with the existing civil public interest litigation system and our country’s legislative and judicial experience in relevant fields.The third and fourth chapters try to construct the system of Civil Public Interest Litigation of preventive biosafety.By analyzing the cases of preventive public interest litigation in our country,this paper sums up the common problems in order to seek a breakthrough in the construction of Preventive Biosafety Civil Public Interest Litigation.This paper creatively proposes to increase the public interest litigation provisions of biosafety and introduce the principle of proportionality,and to build specific procedures and related supporting mechanisms,with a view to making some contributions to biosafety protection.