TITLE:
Legal Reconstitution of Remedies for Damage Caused by Genetic Pollution
AUTHORS:
Chunyi Liu
KEYWORDS:
Genetic Pollution, Legal Remedy, Damage, Civil Liability
JOURNAL NAME:
Open Journal of Social Sciences,
Vol.9 No.2,
February
26,
2021
ABSTRACT: Damage
caused by genetic pollution is a new type of damage. At present, there are
problems with the existing legal remedies for damage caused by genetic
pollution. The
purpose of this research is to explore the problems of the legal remedies for
damage caused by genetic pollution, and discuss how to solve these problems by means of reconstitute the law. Doctrinal legal research methodology and Comparative legal research
methodology is the main methodology in this research. Through discussing the logic of the relevant rules
and comparing analysis of legal remedies under different countries, this research expounds the existing problems of the current legal remedies
from three aspects and puts forward corresponding
countermeasures. From the
perspective of interpretation and
application of relevant norms, based on
the existing norms, there is an improper connection between the basic norms and the norms
related to liabilities, which leads to ambiguities in the application of
liability clauses. Therefore, relevant norms should be further explained or
revised. Specifically,
genetic pollution can be classified, and link with different forms of liability
through legal interpretation. In
legal practice, a single remedy mechanism based on civil liability is contrary
to the complexity of genetic pollution. Introducing socialized remedies to
construct multiple remedy mechanisms is a more reasonable path. The legal form
based on administrative regulations and departmental rules also makes the
legislation scattered and uncoordinated and lacks scientific and
professionalism. Comprehensive and specialized legislation should be formulated
to enhance the scientific and professional nature of the legislation.