Abstract:

Modern breeding techniques completely separate seeds from the value of their genes, making them a commodity beyond the control of farmers. However, based on the public nature of germplasm resources, the ownership basis of state and collective ownership, and the labor contribution of farmers as germplasm resources conservators, providers and participants in plant breeding, farmers should be recognized as legitimate to participate in the right to benefit sharing in modern breeding systems. Therefore, the nature of farmers' right to participate in benefit-sharing can be clarified at the institutional level, and the content, mode and proportion of benefit-sharing can be clarified, as well as the procedures and remedies for participating in benefit-sharing. Strengthen the capacity building of farmers to participate in breeding and germplasm resource utilization at the practical level, and release the functions and values of government, breeding companies and farmers in breeding to increase the output of benefits. In order to ensure biodiversity and food security in China, it provides the ability support and system guarantee for farmers to participate in the benefit sharing of germplasm resources, and encourages farmers to participate in the protection of germplasm resources.

Key words: farmers' rights, germplasm resources, benefit-sharing, legitimacy, implementation path