The protection, access and benefit-sharing of biological genetic resources and related traditional knowledge are the weak areas of environmental protection in China. At present, the domestic legislation not only can’t meet the requirements of international conventions, but also can’t meet the requirements of domestic biological genetic resources acquisition and benefit sharing practice. Through analyzing the current situation of legislation of biological genetic resources in China, this paper analyzes the current legislative problems and puts forward the legislative suggestion of biological genetic resources in China, including revising the existing laws, accelerating the progress of special legislation and formulating comprehensive legislation.

This article can be divided into five parts.

The first part is an introduction which points out the need to sort out the existing legislation on the development of specialized legislation on biological genetic resources.

The second part is about the current legislation of China's biological genetic resources. By the end of 2015, besides the Constitution, China's existing law related to the biological genetic resources are 22, administrative regulations are 20, departmental regulations are 45, other normative documents are 46, judicial interpretation are 3. At the same time, there are 43 local regulations and 64 local other normative documents formulated by 24 provinces, municipalities, autonomous regions.

The third part is the introduction of external experiences on the legislative model of biological genetic resources. National legislations are diverse and can be broadly divided into five categories: framework environmental laws, existing laws and revised existing laws, natural reserve or biodiversity comprehensive laws, specialized laws of biological genetic resources, region or supranational laws.

The fourth part puts forward the triple route of the option of legislative models for biological genetic resources in China. Firstly is to amend the existing law; secondly is to speed up the progress of specialized legislation; thirdly is to research the formulation of comprehensive biodiversity law.

The fifth part concludes that it is feasible to revise the existing legislation. But, in order to protect the long-term interests of the country, it should research and formulate a comprehensive biodiversity law.

Source:Journal of Northeast AgriculturalUniversity (Social Science Edition), 2016(4)