Que Zhanwen ChineseJournal of Law 2015(6)

Abstract:The genetic information in genetically modified (GM) crops can spread adventitiously into the genomes of organisms in which such information is not present in nature. Genetic pollution of non­GM crops by GM crops is classified into two groups: genetic pollution caused by GM crops in the experimental stageand genetic pollution caused by GM crops which are authorized to enter into themarket. GM crops in the experimental stage are still subject to risk communication and risk evaluation, and involve high risks. With sound risk management, GM crops that have entered into the market are often associated with low level risks. Therefore, genetic pollution caused by GM crops in the experimental stage is governed by the liability for hazardous activities in theTort Liability Law. Genetic pollution usually occurs among adjacent lands and interferes with the property of the owner or authorized user of the neighboring land. As a result, genetic pollution caused by GM crops which are authorized to enter into the market is subject to the regime established by Article 90 of theProperty law. When the genetic pollution brings about change in the genomes of organisms in the land or crop, it amounts to physical damage and the loss suffered by the neighbor should no longer be regarded as pure eco­nomic loss.If the products produced from non-GM crops are required to label as genetically modified due to genetic pollution, and the genetic modification is not the customary agricultural practice, and there exist economically reasonable containment measures to prevent the pollution, the owner or authorized user of a neighboring land has no obligation to tolerate this substantial interference and is qualified to claim prevention of interference and compensation.

KeyWords: genetic pollution, liability for hazardous activities, nuisance,obligation to tolerate, pure economic loss.

This article can be divided into four parts.

Firstly,it is the nature of risk and the type of genetic pollution. According to the risk of GM crops and developmental stage of genetic pollution, it can be classified into genetic pollution caused by GM crops in the experimental stageand genetic pollution caused by GM crops which are authorized to enter into the market.

The second part is about the nature of damage caused by genetic pollution. Firstly,genetic pollution usually occurs between adjacent land. Secondly, the claims ofgenetic pollution law suit are always economic losses.

Thirdly,it is about the dangerous liability and genetic pollution caused by GM crops inthe experimental stage. The basis of claim right is the general condition of liability for highly dangerous operations. The constituent elements include the highly dangerous work, the damage and the causality between them.

The fourth part is neighboring relations and genetic pollution caused by GM crops which are authorized to enter into the market. Firstly, according to article 90 of real rights law, it regulates the immission claim. Secondly, genetic pollution is a harmful substances emission. Thirdly, in consideration of the tolerance obligation of adjacent realty, it must cause great damages.