关键词: 种质资源保护, 法治监督, 多元监督, 财政资金, 转基因技术

Abstract: The method of literature analysis was adopted to summarize the dilemma of law-based power supervision of the conservation and utilization of agricultural germplasm resources in China. This paper proposed to take the concept of law-based power supervision of multiple subjects and focused on key areas such as financial elements and technological elements. The result shows that, at the macro level, the supervision model for the conservation and utilization of agricultural germplasm resources in China is the law-based power supervision model with the government as the dominant monolithic subject. However, the public attributes of the latter contradict the former. At the micro level, the financial funds for the conservation and utilization of agricultural germplasm resources are fragmented in regulations and not comprehensively included in the scope of financial budget supervision, which also leads to the failure of the audit supervision of financial funds. At the same time, the financial resources for the conservation and utilization of agricultural germplasm resources are not connected with the existing system of law-based power supervision of agricultural-related transfer funds. In another microscopic area, the level of law-based power supervision of transgenic technology of agricultural germplasm resources is low, and there are problems such as unreasonable legislative hierarchy and inappropriate distribution of authority, many loopholes in administrative supervision, and the lack of social supervision mechanism. It is concluded that in the macroscopic view, the establishment of a strict system of law-based power supervision requires the establishment of the concept of law-based power supervision of multiple subjects, and specifically the role of supervision of multiple subjects including people’s congresses, administrative organs and social subjects needs to be brought into play. In the micro perspective, combined with the concept of law-based power supervision of multiple subjects, it is urgent to fully integrate financial funds into budgetary supervision, improve audit supervision, and incorporate them into the supervision and management system of agriculture-related transfer funds. Meanwhile, there is a need to apply risk governance theory to improve the supervision of transgenic technology, which includes legislative supervision, administrative supervision and social supervision.

Key words: germplasm resource guarantee, law-based power supervision, supervision of multiple subjects, fiscal funds, transgenic technology