Implement the "Biological Safety Law" to protect human genetic resources
May 19, 2021 09:08 Source: "China Social Sciences", May 19, 2021, Issue 2168, Issue 2168

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General Secretary Xi Jinping emphasized at the twelfth meeting of the Central Committee of the Central Committee for Comprehensive Deepening the Reform Commission,To protect people's health、Guarantee national security、Maintain the height of long -term stability of the country,Incorporate biological safety into the national security system,System planning national biological safety risk prevention and control and governance system construction,Comprehensively improving national biological safety governance capabilities。The 22nd meeting of the Standing Committee of the 13th National People's Congress passed the "Biological Safety Law" on October 17, 2020,This method will be implemented from April 15, 2021。"Biological Safety Law" from proposed legislative proposals to being included in the legislative planning of the Standing Committee of the National People's Congress before voting,Live years,It is significant and far -reaching,This will help improve the national security legal system、Guarantee the right of life and health of the people。The formal implementation of this basic law in the biological safety field,It marks the new stage of Chinese biological safety entering the comprehensive governance。

  Human genetic resources securityIt is an important part of biological safety

Human genetic resources are important strategic resources,Protecting human genetic resources through legislative is the need to comprehensively govern the country in accordance with the law。The Regulations on the Management of Human Bet365 app download Genetics Resources have been comprehensively regulated on the protection of human genetic resources,"Biological Safety Law" further based on this,The institutional system of the protection of human genetic resources。"Biological Safety Law" aims to maintain human genetic resources and biological resources safety as the goal。Since my country is a great population of a multi -ethnic nation,Rich and unique human genetic resources,​​Naturally becoming the object of overseas institutions。In recent years,Shanghai Huashan Hospital、Huada Gene、Astrikan and other institutions or companies or companies were punished by the competent authority for violation of regulations,This shows the importance of legal protection of human genetic resources。For this,"Biological Safety Law" clearly stipulates that the state enjoys the sovereignty of human genetic resources in my country,It helps to maintain human genetic resources security from the overall interests of the Chinese nation。

The protection of human genetic resources is reflected in "collection、Stardo、Use、Provided to the outside "whole process。"Biological Safety Law" adheres to the principle of risk prevention and classification management principles,On the basis of stipulating the various basic systems of national biological safety management,Based on the protection characteristics of human genetic resources,Collection from human genetic resources "、Stardo、Use、Provide "outside provision" and other four aspects,Refined the specific system of the protection of human genetic resources,If the survey system of human genetic resources、Application and registration system、Ethical review system、Administrative approval system、Report the backup Bet365 app download system、Equity sharing system,etc.。These systems have created strict human genetic resource protection network,It is of great significance to transform the advantages of the system of biological safety laws into the governance of human genetic resources。

  Protection of human genetic resourcesUnique status in the implementation of the "Biological Safety Law"

The protection of human genetic resources has a vital position in the implementation of the Biological Safety Law,Reasons for the reason,related to the attributes of human genetic resources。In type,Human genetic resources include two types: human genetic resource materials and human genetic resources information。Whether it is human genetic resource materials or human genetic resource information,All related to the human body,Therefore,Human genetic resources have distinctive personality attributes and rights attributes。It is not only significantly different from other natural resources,And with Xinfa、Different organisms such as sudden infectious diseases are also different。Based on this,The protection of human genetic resources should be comprehensive protection,Based on the "Biological Safety Law"、Comprehensive protection supported by other relevant laws and regulations。

Current,In the field of human genetic resources protection,In addition to the specialized laws and regulations such as the "Biological Safety Law" and "Regulations on the Management of Human Genetics Resources",It also involves personal information protection in the Civil Code。Article 111 of the Civil Code,Personal information of natural persons is protected by law。This means collecting human genetic resource information of citizens,The protection scope of the "Civil Code"; except "Civil Code",Personal information is also protected by laws and regulations such as the "Cyber ​​Security Law", "Personal Information Protection Law (Draft)", "Conservative State bet365 best casino games Secret Law", "Regulations on the Implementation of Conservative State Secrets Law"。other,"Amendment to the Criminal Law (11)" (2021) newly added "illegal collection、Crime of smuggling human genetic resources,Determine "illegal collection、Suggestion of human genetic resources in my country ",Criminal behavior that severely harms the safety of human genetic resources in human beings。This can be seen,In view of the unique attributes of human genetic resources,Related regulations integrate private law protection and public law protection。For this,During the implementation of the "Biological Safety Law",It should be fully rely on other legal resources,Build a complete system for the protection of human genetic resources。

  Improve human genetic resourcesRight protection mechanism

Promote the effective implementation of the "Biological Safety Law",Should insist on the people -centered,Right protection mechanism for improving human genetic resources。First,Strengthening the party's leadership of the party's heredity resources。"Biological Safety Law" clearly stipulates that "adhere to the Communist Party of China for the leadership of national biological safety work",fully illustrates the extreme importance of the party's leadership for biological safety work。The protection of human genetic resources involves national security interests,On the other hand, it involves the personal interests of citizens,Therefore,Combining risk prevention and rights protection,Give full play to the core role of the party's leadership in the protection of human genetic resources。For this,The competent department of science and technology of the State Council shall strengthen coordination and linkage with relevant departments,Data and information sharing between departments,Promoting inter -ministerial law enforcement collaboration,Bet365 lotto review Realizing the sovereignty of human genetic resources and the coordination of the rights of citizens' human genetic resources。

Next,The spirit of "rights protection" is fully penetrated into the protection of human genetic resources。Current,The "Biological Safety Law" and "Regulations on the Management of Human Genetics Resources" have stipulated some of the rights of citizens。such as,Article 55 of the Biological Safety Law stipulates that "must not endanger public health、National Security and Social Public Interests "。Article 12 of the "Regulations on the Management of Human Genetics Resources" stipulates the right to know the consent of the provider,Article 22 stipulates the sharing mechanism of equity,But it also needs to improve the content of the right to human genetic resources enjoyed by citizens from a systematic perspective,Including life and health、Personal rights、Intellectual property、Data rights, etc.。such as,For overseas institutions to use my country's human genetic resources to carry out scientific research,In addition to formulating a negative list,Also respond to the use of the use of human genetic resources in my country for full tracking supervision。On the one hand,Promoting the construction of the informatization of resource libraries,Protect the security of data while seeking information sharing; on the other hand,While protecting the right of life and health of Chinese citizens。

Last,Ethical review mechanism that guarantees the protection of human genetic resources is promoted in an orderly manner。At the end of 2018,A scientific researcher at the University of Science and Technology of China announced the modification of genes in the embryo through gene editing technology,Make a pair of twin baby girls have HIV immunity,After the scientific researcher was sentenced to illegal medical treatment。This bet365 live casino games incident has aroused widespread concern in society,It also provides a vivid example for the implementation of the ethical review stipulated in the Biosaispan Law。For this,It is necessary to introduce the "Measures for Ethics for Human Genetics Resources" in accordance with the spirit of the "Biological Safety Law" and "Regulations on the Management of Human Genetics Resources",Specialized agencies and personnel composition of ethical review and specific review procedures。

"Biological Safety Law" has laid a good foundation for the protection of human genetic resources。Stand at a new starting point in history,The "Fourteenth Five -Year Plan" plan clearly uses "gene and biotechnology" as one of the seven major technology frontiers.,Point forward for the protection of human genetic resources in the future。Looking forward to the future,Comprehensive implementation of the "Biological Safety Law",It helps better protect biological resources and ecological environment,Promoting the healthy development of biotechnology,Promote the construction of a community of human destiny,Realize the harmony of man and nature。

(This article is the key project of the National Social Science Foundation "Research on the Construction of Legislative Mechanisms and System Construction of Human Genetics Resources in my country" (19AFX021) phased achievement)

(The author is a professor at the Department of Law of the School of Public Management of China University of Geosciences (Wuhan)、Researcher Researchers Research on the Research of the Law of the Ministry of Natural Resources)

Editor in charge: Zong Yue
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