Wu Qiong, School of Environment

Abstract: In the progress of material civilization, on one hand, human beings have an increased demand for genetic resources, on the other hand, are faced with the loss of a large number of biological genetic resources. The biological genetic resources become scarce resources, and there is conflict when human make use of genetic resources, because that the content of genetic resources in the developed countries is poor while in the developing countries is rich. It is because of the lack of legislation，China is facing the threat of all the issues above.

      In order to change the situation, some developing countries which have particularly rich biological genetic resources, such as India, and some biological genetic resources legislation relatively well-developed countries, such as Australia, etc., have adopted legislation to establish national biological genetic resources protection legal system and management system. These systems include legislative basis, legislative mode, and legislative concern, improving and creating operating mechanism.

      China still faces various difficulties and problems although China has actively strengthened the protection, use and management of biological genetic resources. Such as the lack of specialized laws and regulations on conservation and management of biological genetic resources, and the lack of maneuverability in the existing laws and regulations, and not yet conforming to existing international rules and so on. China should learn from international experience in legislation and combining with the situation of China to establish the principles which include Chinese national sovereignty on biological genetic resources and sustainable development and fair benefit-sharing, etc. Firstly consider establishing a special legislation on access to genetic resources and benefit-sharing, in order to form a complete system of comprehensive legislation gradually. Chinese specific legal system construction of biological genetic resources means to establish the mechanism on access to genetic resources and benefit-sharing, to strengthen the monitoring and evaluation of biological genetic resources, to establish mechanism to prevent the invasion of alien species.

Read the full article here:   生物遗传资源立法研究.pdf