On the legislation about juveniles participatin g in the health-care food feeding test:From the perspective of the“golden rice” event
10.3969/j.issn.1674-2982.2014.05.002
- VernacularTitle:未成年人参与保健食品试食试验的立法探索--以“黄金大米”事件为例
- Author:
Lei FENG
- Publication Type:Journal Article
- Keywords:
Health-care food;
Feeding test;
Juveniles;
Non-therapeutic research
- From:
Chinese Journal of Health Policy
2014;(5):7-11
- CountryChina
- Language:Chinese
-
Abstract:
The “golden rice” event reflects the legal defects about juveniles'protection in health-care food feeding test.In the area of Chinese law application ,there is the same legislation on the both.But the legislation is not able to reflect the significant difference in the test benefit and protect the juveniles who can not express their will properly.The legislation of the countries out of China usually distinguish the both.There are three legislative models on the non-therapeutic research in the world which is similar to feeding test , and they are the limited model ,the legal guardian-deciding model and the risk and benefit-assesing model.We should refer to the legislative purpose and spe-cific provisions on the juveniles of the models above.We should perfect the legal model of juveniles'participance in health-care food feeding test by limit in principle with individual exception.