International Trade Law

Plan

The evolution of GMO regulation in China

A brief overview of Chinese legal system can help to understand better the approache of the regulation of GMOs in China. First, national laws are superior and override conflicting local laws. Then, the laws are issued by the National People's Congress. Some of them have more general objectives and targets than others. Next, it's the administrative laws (Regulations) which are issued by the State Council. Fourth are the ministerial rules (Measure) issued by ministries, commissions and administrative. The 2 last ranks of laws often deal with specific objectives and targets. According to the Article 52 of the "Administrative Procedural Law"(1989) , in administrative cases, the People's Court and the judiciary shall apply the laws, administrative laws and local laws. However, local laws are only applicable to administrative cases within the local administrative region.

2 periods can be distinguable

1st period begins the "Administrative Measure on the Safety of Genetic Engineering"(1993)

In China, the State Science and Technology Commission1 sued the "Administrative Measure on the Safety of Genetic Engineering" in 1993, which means the regulation of GMOs started. An initial legal framework on GMO regulation was then established. After, the Ministry of Agriculture n 1996 issued the "Implementation Measures on the Safety of Agricultural Genetic Engineering". 2 years later, in 1998, another regulation "Administrative Measures on the Research and Application of Tobacco Genetic Engineering" was issued by the State Tobacco Monopoly Administration. after the issue of these 3 administrative acts, an idea about whether we should promulgate a national law that is more comprehensive was discussed by the National People`s Congress within the committees of the Congress. But due to the resistance from the science community, this approach was dropped.

2nd period begins with the "State...