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目前,转基因生物越境损害责任与赔偿问题已取得了重大进展,但是理想的、富有实效的责任与赔偿制度至今仍未建立。借鉴国际法其他领域越境损害责任与赔偿制度的成功经验,立足于现有工作成果,在构建转基因生物越境损害责任与赔偿制度时应注意的主要问题包括:“损害”的界定;损害赔偿的范围;因果关系的证明;赔偿责任的标准以及赔偿责任的归属等。
At present, great progress has been made in the issue of liability and compensation for transboundary damage of GMOs. However, an ideal and effective system of liability and compensation has not yet been established. Drawing on the successful experience of the liability and compensation system for transboundary harm in other fields of international law, the major issues that should be noticed in building the responsibility and compensation system for transboundary damage of genetically modified organisms based on the existing work achievements include: the definition of “damage”; the compensation for damages Scope; proof of causality; standards of liability and attribution of liability.