关键词: 农业遗传资源, 公权辅助, 私法调节, 惠益分享

Abstract: ： With the development of biotechnology, people pay more attention to the external value of agricultural genetic resources, such as economy, bio-genetic and the internal value of social development and ecological construction,the contradiction between the protection and utilization of genetic resources is intensified. How to promote the protection of agricultural genetic resources in the process of utilization has become the focus of attention.On the basis of law, in the field of integrated environmental resources, economics and ecology, the legislative goal is to make sustainable use of agricultural genetic resources and to share the benefits of agricultural genetic resources equitably. With regard to the protection of agricultural genetic resources, there are two kinds of regulation by public law and private law. At the same time, it avoids the disorder competition problem caused by the regulation of single private law.In the use of agricultural genetic resources, through the realization of the right to know, common agreed terms, model contract provisions, establish a fair benefit-sharing mechanism to give full play to the role of agricultural genetic resources rights in promoting biodiversity.

Key words: agricultural genetic resources, public power assistance, private law regulation, benefit sharing