论动物转基因科研试验安全监管的法律制度  

The Legal System in Safety Supervison about Animal Transgenic Scientific Research and Experiment

作　　者：刘旭霞[1] 刘渊博[1] 

机构地区：[1]华中农业大学文法学院,湖北武汉430070

出　　处：《浙江大学学报（人文社会科学版）》2014年第6期63-74,共12页Journal of Zhejiang University:Humanities and Social Sciences

基　　金：国家社会科学基金重点项目(11AZD101);中央高校基本科研业务费专项资金资助项目(2011RW002)

摘　　要：动物转基因技术种类日益复杂,应用范围不断扩大,但成本和技术要求却不断降低,生物风险和安全威胁越来越大。科研试验阶段是风险防控的关键,因此需要科学而严谨的科研试验法律监管,以预防意外和不正当试验对社会及生态造成不良影响。国内可以指向转基因动物科研试验监管适用的法律规定集中于农业应用领域,不足以形成全面有效的监管。基于动物转基因技术的发展现状和趋势,需要对现有法律法规进行分析,明确科研试验监管的基本原则,以协调监管体系为核心探讨法律完善的关键问题,进而系统性地明确科研试验安全监管法律的进展趋势。Animal gene transfer obstacles due to the decrease in technologies are more and more cost and technical requirement of widely applied with fewer transgenic research and the increase in success rate. This situation on the one hand makes it easier for the production of transgenic animals, and on the other hand makes it harder for supervision and management. Since transgenic animal technology has risks in itself and the malicious abuse of it is likely to pose increasing security threats to the human society, safety control of transgenic research at its experimental stage is absolutely necessary. Along with the risks, there are broad application prospects of transgenic animals in areas such as new animal variety breeding, bio-pharmacy, disease research, organ transplantation, environmental protection, landscape ornamental, and gene function research, which mirrors that social development. Once the research is to this technology has great potential values to promote be put into production, the successful regulation of itlargely ensures the national economic development and social stability. Therefore, it is important to conduct safety control on transgenic researches at its experimental stage. As required by the public, the supervision and administration should focus on guaranteeing the safety of transgenic animals, and the safety assessment should follow at least three criteria： firstly, the maturity, stability and precision of transgenic techniques; secondly, the characteristics of animal populations, which determine the diversity of security risks; thirdly, the purposes and methods of application, which may give rise to different safety problems. The three criteria suggest that transgenic animal safety is not a problem that can be easily solved by one or two conclusions, but rather a long-lasting issue faced by the society. Again, as risk prevention and control at the experimental stage is the crux of the matter, a well-established system of laws is needed to regulate the supervision and administration of relevan

关 键 词：转基因动物 科研试验 安全管理 管理监督 法制监管 

分 类 号：Q78[生物学—分子生物学] D920.0[政治法律—法学]