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Research on the Legal System of Conservation and Utilization of Agricultural Genetic Resource in China

Author: HuXiaoWei
Tutor: LiuXuXia
School: Huazhong Agricultural University
Course: Economic Law
Keywords: Agricultural genetic resources Agricultural genetic resources conservation and utilization of Intellectual property rights The right to agricultural genetic resources Benefits and sharing system
CLC: D922.68
Type: Master's thesis
Year: 2010
Downloads: 193
Quote: 4
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Abstract


Agricultural biodiversity, China has 7000 years of agricultural reclamation history, our farmers development and utilization and cultivation of breeding a large number of cultivated plants and domesticated animals, its richness is unique in the world. These cultivated plants and domesticated animals not only originated in China, and so far China is still a lot to maintain their wild prototype and related species. With the rapid development of biotechnology, the value of genetic resources in agriculture is gradually attention, however, serious imbalance between demand and system supply this value highlight the symbiotic system. Protection, due to the lack of agricultural genetic resources protection system, agricultural genetic resources can only be a simple form of biological resources and to protect, not only of great value to agricultural genetic resources to fend for themselves in the natural process of evolution, but also underestimated vandalism of the impact of agricultural genetic resources; there is a great demand in the use, due to the lack of agricultural utilization of genetic resources system, known as \aspects of the \caused agricultural genetic resources as a biological resource to be treated, brought great losses to the national economic interest. Agricultural genetic resources as China's strategic and fundamental resources, China's economic development has a very important role in China's agricultural genetic resources conservation and utilization of the Legal Issues of imminent, in the context of ecological civilization. In this study, the starting point of law, the integration of the knowledge of ecology, environmental resources, ecological ethics, economics and other disciplines, starting from the analysis of the basic theory of agricultural genetic resources, agricultural genetic resource rights, \analysis of the relationship between agricultural genetic resource rights and intellectual property rights, community property rights, traditional resource rights and the rights of agricultural genetic resources subject, object, content. Learn and absorb foreign legislative practice in agricultural genetic resources conservation and utilization of focus from agricultural genetic resources conservation and utilization of two aspects of agricultural genetic resources conservation and utilization of the Legal System. In the system of protection of agricultural genetic resources, uphold the concept of conservation of biological resources is to protect genetic resources in agriculture \the construction of the permitted system, the system of property rights, acquisition and trading system, management system and other systems as the main line, strengthen the relationship between agricultural genetic resources protection system and the system of biological resources, agricultural genetic resource utilization system, the formation of China's agricultural genetic resources exogenous normative legal system of environmental protection. In the use of genetic resources in agriculture system, adhere to \Thus the formation of the agricultural use of genetic resources system of agricultural genetic resource rights, access to agricultural genetic resources and benefit-sharing system as the backbone, the tracking system and traceability system and the right to relief system for the auxiliary. Agricultural utilization of genetic resources system, including prior informed consent, mutually agreed terms, type and type of benefits, intellectual property, distribution of benefits system, model contracts, government regulation, benefit-sharing mechanisms, biodiversity funds, agricultural genetic resources the right to relief system. Agricultural genetic resources protection system is independent but interrelated relationship between agricultural utilization of genetic resources system. In this study, these two systems were constructed, maintained the independence between the two; specific provision to their specific system to determine based on different situations can be the difference between the conversion applicable, to ensure of agricultural genetic resources conservation system and the interface between the agricultural use of genetic resources system, to strengthen the link between the two. Through agricultural genetic resources protection system and the positive interaction between the agricultural use of genetic resources system, and ultimately formed a complete system of agricultural genetic resources conservation and utilization system, to achieve the sustainable development of China's economy and embarked on the production, life and ecology harmonious development of the road to provide a solid institutional guarantee.

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CLC: > Political, legal > Legal > Chinese law > Natural Resources and Environmental Protection Act > Environmental Protection Act
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